Texts of pending comments

The Committee notes the observations of the International Organization of Employers (IOE), received on 1 September and 25 October 2021, denouncing acts of persecution, intimidation and repression against leaders of the Superior Council for Private Enterprise (COSEP) and against the business sector affiliated with COSEP, as well as the arbitrary detention of employer leaders without warrant and legal due process. The IOE specifically denounces the arbitrary detention on 8 June 2021 of the former president of COSEP, José Adán Aguerri Chamorro, accused of the crime of conspiracy for undermining national integrity. The IOE also denounces the detention on 21 October 2021, without warrant, of Michael Healy, President of COSEP, as well as its Vice-President, Álvaro Vargas Duarte.

The Committee takes note of the Government’s general reply, which indicates that the detention of Mrs. Aguerri Chamorro, Healy and Vargas Duarte is not related to their activities as employers, but that they are being investigated and prosecuted for various criminal acts. The Government also indicates that their detention was carried out in observance of all rights and guarantees, respecting physical and legal security and integrity. The Committee regrets to note that in its reply the Government merely states that the employer leaders were detained for common law crimes, without providing any information or documentation regarding the charges brought against them, the legal or judicial proceedings instituted and the outcome of such proceedings. The Committee observes that the Inter-American Court of Human Rights and the Inter-American Commission on Human Rights have condemned the detention of the employer leaders and have urged the Government to proceed with their immediate release. The Committee recalls that the rights conferred upon the workers’ and employers’ organizations protected by the Convention are void of meaning if there is no respect for fundamental freedoms, such as the safety and physical integrity of persons, the right to protection against arbitrary arrest and detention, and the right to a fair trial by independent and impartial tribunal. It also recalls that the arrest of employer officials for reasons linked to actions relating to legitimate demands is a serious restriction of their rights and a violation of freedom of association.

Expressing its deep concern at the seriousness of these allegations, the Committee requests the Government to provide precise information on the detentions and, in particular, on the judicial proceedings instituted and their outcome. In the absence of any specific indication of the charges giving rise to the detention of the employer leaders, the Committee urges the Government to take the necessary measures to ensure the safety of Mr Aguerri Chamorro, Healy and Vargas Duarte and ensure their immediate release if their detention is related in any way to the exercise of their functions as employer leaders. It also requests the Government to provide its comments relating to all other issues raised by the IOE, including those regarding the Act regulating foreign agents No. 1040, adopted on 15 October 2020, and the allegation that several sections therein place unacceptable restrictions on freedom of association.

Article 3 of the Convention. Right of workers’ organizations to organize their activities in full freedom and to formulate their programmes. The Committee recalls that for several years it has been referring to the need to take steps to amend sections 389 and 390 of the Labour Code, which provide that collective disputes shall be referred to compulsory arbitration when 30 days have elapsed since the calling of the strike. In this regard, the Committee notes the Government’s indication that: (i) since 2007 to date, the provisions of these articles have not been applied and there has been no need to establish an Arbitration Tribunal; and (ii) the Government has prioritized dialogue to resolve labour disputes in both the public and private sectors by setting up roundtables for dialogue in which the Ministry of Labour participated as facilitator. The Government adds that thus far, the results have been successful and it is therefore not currently necessary to amend sections 389 and 390 of the Labour Code. While taking due note of the Government’s indications regarding the emphasis placed on dialogue as a solution to labour disputes, the Committee can only insist once again on the need to amend the abovementioned provisions of the Labour Code, as the imposition of compulsory arbitration to end a strike, beyond the cases in which a strike may be limited or even prohibited, is contrary to the right of workers’ organizations to freely organize their activities and formulate their programmes. Regretting the lack of progress in this respect, the Committee urges the Government to take the necessary measures to amend sections 389 and 390 of the Labour Code in order to ensure that compulsory arbitration is only possible in cases where strikes may be limited or even prohibited, namely in cases of conflict within the civil service relating to officials exercising authority on behalf of the State, in essential services in the strict sense of the term or in the event of an acute national crisis. The Committee requests the Government to provide information on any developments in this regard.

Article 11. Protection of the right to organize. In its previous comment, the Committee noted the Government’s various initiatives aimed at promoting the right to organize and requested it to provide information concerning their implementation. The Committee notes the information provided by the Government in this respect and notes that the Government’s initiatives have been focused, inter alia, on building trust among the members of trade union organizations in terms of guaranteeing their right to freedom of association, removing red tape in the registration procedures of trade union organizations, promoting the organization of own-account workers, and providing ongoing training for trade union leaders. The Committee notes that, according to the Government, as a result of the abovementioned policies to promote and encourage unionization between 2018 and 2021, 111 new trade union organizations were formed, affiliating 3,902 workers, and 2,884 trade union organizations were updated that grouped together 222,370 workers. The Committee takes due note of this information and requests the Government to continue providing information regarding the initiatives aimed at promoting the right to organize and the results of said initiatives.

[The Government is asked to reply in full to the present comments in 2022.]

Article 4 of the Convention. Promotion of collective bargaining. In its previous comments, the Committee requested the Government to continue taking initiatives to promote collective bargaining in all areas, including export processing zones, and to provide information on this matter. In this regard, the Committee notes the Government’s indication that: (i) since 2018 until the first quarter of 2021, a total of 24 collective agreements were signed in the country’s export processing zones, covering and benefiting 79,254 workers, 43,374 of whom are women; and (ii) it will continue to promote collective bargaining and dialogue as an instrument to strengthen labour relations in all the economic sectors of the country.

The Committee takes due note of the statistical information provided relating to collective bargaining in export processing zones, as well as the Government’s intention to continue promoting collective bargaining in general. The Committee hopes that the Government will continue taking measures to strengthen the promotion of collective bargaining in all sectors, including export processing zones, and will provide information on the specific action taken in this regard. The Committee also requests the Government to provide fuller information on the collective agreements signed and in force for all private sector and public sector activities, indicating the number of workers they cover.

The Committee notes that the Government’s report does not respond to the questions raised in the direct request of 2019.

COVID-19 pandemic. Socio-economic impact. Response and recovery measures. The Committee invites the Government to provide up-to-date information in its next report on the impact of the COVID-19 global pandemic on employment and the measures taken, in consultation with the social partners, to address this impact when implementing programmes and measures designed to achieve the objectives of the Convention, and also on the results of such programmes and measures.

Articles 1 to 3 of the Convention. Adoption and implementation of an active employment policy in the context of a coordinated economic and social policy. Participation of the social partners. The Committee recalls that since 2011 it has been asking the Government to provide information on the measures taken to formulate a national employment policy designed to promote full, productive and freely chosen employment. The Committee notes that the Government has still not supplied any information in this respect. The Committee also notes that on 1 July 2021 the Government published the National Plan for Poverty Reduction and Human Development 2022–26, which contains various public policies such as the monetary and financial policy and the public investment policy, as well as a series of strategies and actions. The National Plan contains 12 strategic guidelines whose objectives include achieving sustained, sustainable, inclusive and equitable economic growth conducive to increased employment and decent work for all, and also the development of human talents. In this regard, the Plan provides for the adoption of measures such as promoting and facilitating the establishment of new productive and private investment and export-oriented services, both national and foreign, with an estimated investment gain of USD 336.0 million, and the creation of 10,651 decent jobs contributing to poverty reduction. In addition, the National Plan provides for continuing to ensure the establishment and consolidation of mechanisms for coordination, cooperation and inter-institutional linkage with the various economic sectors of the country and with technical and higher training institutions, in order to provide vocational guidance and job placement services, as well as the compilation, processing and analysis of labour market indicators for jobs and wages. To this end, efforts will be made to integrate workers and place them in jobs, through the public employment services, and the Mi primer empleo (My first job) National Programme will be designed and implemented. With regard to labour market trends, according to statistical information from the National Institute of Development Information of Nicaragua (INIDE), in the first quarter of 2021, the national labour participation rate was 69.5 per cent (80.7 per cent of men and 59.4 per cent of women). The labour participation rate was 67 per cent in urban areas, while it was 72.5 per cent in rural areas. On the other hand, the national open unemployment rate was 4.9 per cent (5.2 per cent for men and 4.6 per cent for women), while the national underemployment rate was 44.6 per cent (47.7 per cent for men and 40.8 per cent for women). The Committee notes that the United Nations Committee on Economic, Social and Cultural Rights (CESCR), in its concluding observations of 15 October 2021, expressed concern at the high levels of unemployment in the country, and at the significant number of persons working in the informal economy, particularly women, indigenous persons and Afro-Nicaraguans. It also expressed concern at reports of discrimination on the basis of political opinion affecting persons opposed to and critical of the Government with regard to the exercise and enjoyment of their economic, social and cultural rights, such as the right to work (E/C.12/NIC/CO/5, paras 17 and 21). The Committee therefore once again requests the Government to provide detailed, up-to-date information on: (i) the measures taken to formulate, in consultation with the social partners, an active policy designed to promote full, productive and freely chosen employment; (ii) the various programmes and measures implemented to create employment, including the National Plan for Poverty Reduction and Human Development 2022–26, and also the impact thereof (especially on specific groups such as women, young persons, persons with disabilities, small-scale producers and indigenous and Afro-Nicaraguan communities in rural areas); (iii) the measures taken to promote the transition of workers from the informal to the formal economy, and the impact thereof; (iv) up-to-date statistics, disaggregated by sex, age and region, on the size and distribution of the labour force, and the nature and extent of unemployment.

Youth employment. In its previous comments, the Committee noted the adoption of a series of programmes aimed at promoting youth employment, and asked the Government to send information on the results achieved. However, the Committee notes that the Government’s report does not contain any information in this regard. The Committee once again requests the Government to provide detailed, up-to-date information on the measures taken or envisaged to promote employment for young people, especially those in situations of vulnerability. It further requests the Government once again to send up-to-date statistics, disaggregated by sex, age and region, on the impact of these measures in terms of sustainable youth employment.

Export processing zones. The Committee notes the adoption of the Tripartite Agreement on Export Processing Zones (EPZs), which aims to address the impact of the crisis caused by the COVID-19 pandemic in EPZs. The tripartite agreement includes recommendations aimed at the enterprises concerned so that they implement occupational safety and health measures, and grant employment leave with pro rata wage payments and temporary contract suspensions, prior to the collective temporary suspension of contracts. It also provides for paid breaks from employment for persons in situations of vulnerability (persons over the age of 60 years, pregnant women, and other persons potentially at a high level of risk) and for vacations taken in advance in export processing enterprises. The Committee once again requests the Government to provide up-to-date information, disaggregated by sex and age, on the contribution of export processing zones and the impact of the above-mentioned Tripartite Agreement on Export Processing Zones on the creation of lasting, high-quality employment compatible with the requirements of decent work.

Small and medium-sized enterprises (SMEs). In its previous comments, the Committee asked the Government to send an evaluation of the implementation of the Micro, Small and Medium-Sized Enterprises Development Programme Action Plan (PROMIPYME) and the reactivation of the National Council for Micro, Small and Medium-Sized Enterprises (CONAMIPYME), including information on their impact on areas with the largest concentrations of people living in extreme poverty. However, the Committee notes that the Government has not provided any information in this respect. On the other hand, it notes that the National Plan for Poverty Reduction and Human Development 2022–26 provides for the adoption of measures to promote the growth potential of SMEs, in terms of both their production and their creation of jobs. To achieve this objective, it is planned to adopt measures such as the implementation of 108 plans for the promotion of business projects and SMEs, and to provide training for 1,846 SMEs in the development of business model growth strategies. The Committee once again requests the Government to provide detailed, up-to-date information, including statistics, disaggregated by age and sex, on the impact of the measures adopted by the Government on the development of SMEs and their creation of jobs. The Committee also requests the Government to indicate the results of these measures in relation to reducing the rate of informality.

Article 3. Participation of the social partners in the formulation and implementation of policies. In its previous comments, the Committee asked the Government to provide information on the activities implemented in the context of the National Labour Council for designing employment policies and programmes for the creation of decent work. The Committee notes that the Government has not provided any information in this respect. The Committee once again recalls that Article 3 of the Convention provides that “representatives of the persons affected by the measures to be taken, and in particular representatives of employers and workers, shall be consulted concerning employment policies, with a view to taking fully into account their experience and views and securing their full cooperation in formulating and enlisting support for such policies”. Underlining the importance of the consultations required by the Convention, the Committee once again requests the Government to provide detailed, up-to-date information on the consultations held with the social partners and the representatives of persons affected by employment policies and programmes.

The Committee notes with concern 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

Contribution of the public employment service to employment promotion. Collaboration with the social partners. In reply to its previous comments, the Committee notes the detailed statistics provided by the Labour Intermediation Department – Public Employment Service (SEPEM) on the placements made per programme, month and sex in 2014, and other relevant data concerning the number of applications for employment received, the number of vacancies notified and the men and women workers placed in employment during the period 2007–14. The Government also indicates that, in the context of the process of promoting, developing relations with and regulating private employment agencies, the First Employment Services Meeting was held in Nicaragua in 2013 with a view to promoting strengthened cooperation for the creation of a common platform of employment services. Furthermore, since 2012, 11 meetings have been held with employers to promote employment services. The Government indicates that between 2007 and 2014 certificates have been issued for 14 private employment agencies and 19 applications for their renewal have been processed. The Committee recalls that Articles 4 and 5 of the Convention provide that arrangements shall be made through advisory committees for the cooperation of the social partners in the organization and operation of the employment service and in the development of the employment service programme. The Committee invites the Government to provide more specific information on the consultations held with the social partners with a view to obtaining their cooperation in the organization and operation of the public employment service. Please continue to provide information on cooperation between the public employment service and private employment agencies and on the number of public employment offices established, the number of applications for employment received, the number of vacancies notified, and the number of persons placed in employment by such offices (Part IV of the report form).

The Committee notes the supplementary information provided by the Government on matters raised in the direct request addressed to it and also reiterates the content of its observation adopted in 2019, which is reproduced below.

Article 1(b) of the Convention. Legislation. In its previous comments, the Committee requested the Government to harmonize its legislation, Act No. 648 of 2008 on equal rights and opportunities, in order to incorporate fully the principle of equal remuneration for men and women workers for work of equal value, as enshrined in the Convention. The Committee notes that, in its report, the Government provides detailed information on the legislation in force, particularly on Act No. 648 of 2008, but that it does not provide any information on the harmonization of the Act with the principle enshrined in the Convention. The Committee recalls that the concept of “work of equal value” lies at the heart of the fundamental right of equal remuneration for men and women for work of equal value, and the promotion of equality. The concept of “work of equal value” is fundamental to tackling occupational gender segregation in the labour market, which exists in almost every country, as it permits a broad scope of comparison, including, but going beyond equal remuneration for “equal”, “the same” or “similar” work, and also encompasses work that is of an entirely different nature, which is nevertheless of equal value (see 2012 General Survey on the fundamental Conventions, paragraph 673). Recalling the importance of ensuring that men and women have a clear legal basis for asserting their right to equal pay for work of equal value vis-à-vis their employers and the competent authorities, whether their claim is on the basis of comparable data drawn from their own employer or from other comparable work outside their enterprise, the Committee urges the Government to take action in order to harmonize Act No. 648 of 2008 on equal rights and opportunities, to incorporate fully the principle of equal remuneration for men and women workers for work of equal value, as enshrined in the Convention and to provide information on progress in this regard.

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

The Committee takes note of the supplementary information provided by the Government in light of the decision adopted by the Governing Body at its 338th Session (June 2020). The Committee proceeded with the examination of the application of the Convention on the basis of the supplementary information received from the Government this year, as well as on the basis of the information at its disposal in 2019.

Articles 1 and 2 of the Convention. Gender pay gap and occupational segregation. In its previous comment, the Committee requested the Government to indicate how the concept of equal remuneration for work of equal value is applied in practice and its impact in terms of reducing the gender pay gap. It also requested the Government to provide information on all activities conducted within the framework of the judiciary’s “Gender equality policy 2016–20” and the impact of those activities in terms of reducing the gender pay gap in the judiciary. The Committee also requested the Government to indicate whether other public bodies had adopted gender equality policies. In its supplementary report, the Government emphasizes the fact that at the global level Nicaragua continues to occupy fifth place in the Global Gender Gap Index in 2020, achieving a 80.4 per cent reduction in inequality between men and women. Women occupy more than 50 per cent of decision-making posts in the legislative, executive and judicial authorities, in the Government cabinet, local governments, and in senior management in decentralized autonomous entities. With regard to the judiciary, the Government recalls that, in response to a growth in demand for judiciary services, in 2015 the overall number of judiciary staff increased by 60 per cent compared with 2008. The Government indicates that it has increased the number of women judges in the Supreme Court of Justice by 37 per cent and the number of women judges in the Appeal Courts by 47 per cent. Moreover, two of the four chambers are presided over by women judges of the Supreme Court, and one woman judge is the president of the highest body of the judiciary. Four of the eight Appeal Courts are presided over by women judges. A total of 64 per cent of posts in the judiciary are held by women, and in the administrative service 285 out of 465 senior management posts, 1,045 out of 1,797 executive posts and 1,281 out of 2,771 operational posts are occupied by women. The Government therefore affirms that there is no salary gap between men and women of the same rank and that any differences are owing to hierarchical position. In other words, the judges of the Supreme Court of Justice have the highest salary, followed by the judges of the Court of Appeals. Lastly, the Government recalls that the Judiciary Commission on Gender (established in 2003 to improve access to justice for women and to promote diligent and efficient judicial action which respects and protects women’s rights) is the body that implements gender mainstreaming. The Government indicates that the Judiciary Commission on Gender currently comprises five women, including the president of the Supreme Court. Thanks to the existence of this Commission, significant changes have been made to promote and protect gender equality. The Committee duly notes the information provided. The Committee requests the Government to continue providing information on progress made in gender policies being implemented in the context of the public service.

Gender indicators. Noting that the Government merely recalls the participatory manner in which the Gender Mainstreaming Indicator System (SIEG) was adopted, as well as its objective of gender mainstreaming in its statistical output, the Committee once again requests the Government to indicate how this indicator is used in practice in order to measure the existing gender pay gap for work of equal value and provide information on the impact of the Gender Mainstreaming Indicator System in promoting the principle of the Convention.

Article 2(c). Collective agreements. In its previous comment, the Committee requested the Government to provide examples of signed collective agreements that guarantee the principle of equal pay for men and women for work of equal value, and information on the specific measures taken by the social partners within this framework, in order to reduce the pay gap. The Government indicates in its report that, as at September 2019, there had been no registrations of collective agreements establishing clauses guaranteeing the principle of equal pay for men and women for work of equal value. The Committee requests the Government to provide up-to-date information on the activities conducted by the Directorate-General of Collective Rights to encourage the inclusion of clauses guaranteeing the application of the principle of equal pay for men and women for work of equal value in collective agreements concluded by employers and workers. The Committee notes the Government’s indication in its supplementary report that in the period from January to July 2020 a total of 33 collective agreements were registered, of which 16 were negotiated and 17 had their validity extended. In addition, five collective agreements were adopted in industrial export processing zones, of which four were negotiated and one had its validity extended. The Committee notes that, according to the information supplied, the specific benefits for women include breastfeeding breaks, birth allowances, incentives and celebrations on special days for mothers, secretaries and women in general; guarantees and benefits for pregnant women; and payments of prenatal and postnatal allowances. The Committee requests the Government to indicate whether the above-mentioned collective agreements include, in addition to the aforementioned benefits, clauses that promote the principle of equal remuneration for men and women for work of equal value. The Committee also requests the Government to provide information on any collective agreements signed in the future that contain clauses to this effect.

Equal pay in the public sector. In its previous comments, the Committee requested the Government to continue providing statistical information on the rates of pay for men and women in the public sector, disaggregated by economic activity, and on the measures taken to encourage an increase in women’s participation in public-sector employment, including in managerial posts, and the impact of those measures in reducing the gender pay gap. The Government indicates that, between 2017 and 2018, it implemented measures to promote women’s labour market integration through microcredit programmes and productive investment projects for women in rural and urban areas. The Government also reports that, between 2017 and September 2019, awareness-raising and training campaigns were conducted for 15,986 women leaders, small entrepreneurs, and members of cooperatives for individual, family and community development to eliminate inequalities and to overcome poverty. Section 9 of Act No. 648 of 2008 has also been implemented, establishing a proportional percentage of women and men in elected offices at the national, regional and municipal levels and in the Central American Parliament, as well as their integration in decision-making bodies of the public administration and regional and municipal Governments. The Government indicates that in March 2020 there were 60.2 per cent women and 39.8 per cent men in the public sector. Concerning the gender pay gap, the Government indicates that in 2017, men earned 9 per cent more than women. As of September 2019, the pay gap had decreased by nine per cent to 8 per cent. Concerning the number of senior government officials, in 2017, there were 305 officials, 148 of whom were women and 157 were men. As of September 2019, there were 316 officials, of whom 151 were women and 165 were men. Of those officials, the average wage for men was 12 per cent higher from 2017 to September 2019. The Government also indicates that Decree No. 19 of 2007, issuing regulations for senior public officials in the executive branch, establishes the wage rates in accordance with the position occupied without any distinction. As of September 2019, of the 16 existing ministerial posts, nine are occupied by women and seven by men. Men receive a 0.03 per cent higher wage than women. The Committee notes the information provided and requests the Government to continue taking proactive measures to address the existing pay gap and provide information on all measures taken in this respect and on their impact. The Committee also requests the Government to continue providing statistical information on the rates of pay for men and women in the public sector, disaggregated by area of activity and position, so that progress made in reducing the gender pay gap may be evaluated over time.

Labour inspection. In its previous comments, the Committee requested the Government to provide information on labour inspection activities relating to the principle of equal remuneration for work of equal value, as provided for in the Convention, indicating the number and type of infringements reported or identified, as well as the penalties imposed and their results. The Government reports that, from 2017 to the first quarter of 2019, a total of 33,794 labour inspections were conducted, leading to the equalization of the wages of 25,516 women who had previously received lower pay than men who performed the same work and occupied the same positions. Concerning the identified infringements, 4,280 related to equality and non-discrimination and 14,566 to wages, among other infringements of labour and social security rights. In addition, in its supplementary report, the Government adds that between January and December 2019: (1) the Ministry of Labour provided 1,367 women with advice, mainly in relation to: wages, job-related benefits, positions of trust, overtime, rest days and public holidays; and (2) protection of labour rights was provided for 9,720 women; of these, 7,716 who had been paid less for performing the same tasks as men were awarded a pay rise. The Committee requests the Government to continue providing information on labour inspection activities relating to the principle of equal remuneration for work of equal value as provided for in the Convention.

Application in practice. The Committee requests the Government to provide information on all relevant legal cases relating to the application of the principle of equal remuneration for men and women for work of equal value.

The Committee notes that the Government’s report contains no reply to its previous comments. It hopes that the next report will contain full information on the matters raised in its previous comments.

Article 1(1)(a) of the Convention. Discrimination on the basis of sex. Sexual harassment. In its previous comments, the Committee asked the Government to take the necessary measures to include in the Labour Code a definition of sexual harassment that explicitly covers both quid pro quo and hostile work environment sexual harassment covering all aspects of employment and occupation, as well as a mechanism that provides remedies for victims and imposes penalties on offenders, whether they are employers, work colleagues or clients. The Committee notes the Government’s indication in its report that the Ministry of Labour guarantees immediate attention for complaints of violations of the labour conditions, safety and dignity of women workers, and reinstates labour rights, without prejudice to the right to take criminal action with the competent authorities for the criminalization and punishment of sexual harassment. The Government adds that, in accordance with the Labour Code, employers are required to ensure that women workers are not subject to sexual harassment or blackmail and that they are not subject to offers of advantages or threats in order to compel them to have sexual relations. While noting this information, the Committee recalls that in its 2012 General Survey on the fundamental Conventions it emphasized that without a clear definition and prohibition of both quid pro quo and hostile work environment sexual harassment, it remains doubtful whether the legislation effectively addresses all forms of sexual harassment and that addressing sexual harassment only through criminal proceedings is normally not sufficient, due to the sensitivity of the issue, the higher burden of proof, which is harder to meet, especially if there are no witnesses (which is often the case), and the fact that criminal law generally focuses on sexual assault or “immoral acts”, and not the full range of behaviour that constitutes sexual harassment in employment and occupation (paragraphs 791 and 792). The Committee also recalls that it asked the Government to provide information on the measures adopted to raise awareness and to prevent sexual harassment in the public and private sectors. In this regard, the Committee notes the Government’s information on the training and awareness-raising programmes for the prevention of sexual harassment and on labour rights undertaken between 2016 and May 2017 for men and women, with the participation of 1,487 women and the delivery during the training sessions of 16,000 manuals on labour rights, freedom of association and occupational safety and health. The Government also refers to the application by labour inspectors of the Labour Inspection Guide, which contains section 7 on equality and non-discrimination. The Committee firmly hopes that the Government will take the necessary measures to define sexual harassment (quid pro quo and hostile work environment) and asks it to provide information in this regard. The Committee also asks the Government to provide information on: (i) the operation of the administrative mechanisms for the examination of complaints; (ii) the procedure for the compensation of victims and the punishment of those responsible, whether they are employers, work colleagues or clients; and (iii) any complaints of sexual harassment at work made to the labour inspection services and the judicial authorities and their outcome. The Committee also asks the Government to continue taking awareness-raising and prevention measures in relation to sexual harassment and to provide information in this regard.

Discrimination on the basis of political opinion. The Committee refers to its previous comments in which it asked the Government to provide specific information on the measures taken in the context of the national equality policy, including awareness-raising measures, to prevent discrimination based on political opinion and to guarantee adequate protection for workers in the event of such discrimination. The Committee also asked the Government to report any complaints in this regard made to the administrative or judicial authorities. Noting that the Government has not provided comments on this subject, the Committee recalls that the protection afforded by the Convention against discrimination on the basis of political opinion implies protection in respect of the activities of expressing or demonstrating opposition to established political principles and opinions, but does not apply where violent methods are used. The general obligation to conform to an established ideology or to sign an oath of political allegiance is discriminatory. Cases where political opinion is taken into consideration as a prerequisite for a given job should be objectively examined under judicial scrutiny to determine whether this prerequisite is actually justified by the inherent requirements of the particular job (see General Survey of 2012, paragraph 805). In this regard, the Committee notes that the Inter-American Commission on Human Rights, in its 2018 report on Gross Human Rights Violations in the Context of Social Protests in Nicaragua indicated that it “received testimony from many persons regarding state officials from different institutions said to have been forced to participate in activities in support of the government under the threat of dismissal” (OEA/Ser.L/V/II, Doc. 86, 21 June 2018, paragraph 252). The Committee once again asks the Government to provide specific information on the measures taken under the national equality policy to prevent discrimination based on political opinion and to guarantee adequate protection for workers in the event of discrimination on the basis of political opinion. It also asks the Government to provide information on any complaints made in this regard to the administrative or judicial authorities.

General observation of 2018. The Committee would like to draw the Government’s attention to its general observation on discrimination based on race, colour and national extraction which was adopted in 2018. In the general observation, the Committee notes with concern that discriminatory attitudes and stereotypes based on the race, colour or national extraction of men and women workers continue to hinder their participation in education, vocational training programmes and access to a wider range of employment opportunities, resulting in persisting occupational segregation and lower remuneration received for work of equal value. Furthermore, the Committee considers that it is necessary to adopt a comprehensive and coordinated approach to tackling the obstacles and barriers faced by persons in employment and occupation because of their race, colour or national extraction, and to promote equality of opportunity and treatment for all. Such an approach should include the adoption of interlocking measures aimed at addressing gaps in education, training and skills, providing unbiased vocational guidance, recognizing and validating the qualifications obtained abroad, and valuing and recognizing traditional knowledge and skills that may be relevant both to accessing and advancing in employment and to engaging in an occupation. The Committee also recalls that, in order to be effective, these measures must include concrete steps, such as laws, policies, programmes, mechanisms and participatory processes, remedies designed to address prejudices and stereotypes and to promote mutual understanding and tolerance among all sections of the population.

The Committee draws the Government’s attention to its general observation of 2018 and requests the Government to provide information in response to the questions raised in that observation.

Article 2. National policy of equality of opportunity and treatment. In its previous comments, the Committee asked the Government to take specific measures to assess the results of the implementation of national equality policy and the equality programmes adopted and to provide information on their impact on the various sectors of the population and on the difficulties encountered in giving full effect to the Convention in respect of, in particular, the grounds of discrimination set out in Article 1(1)(a) of the Convention, including information on workers in export processing zones. In this regard, the Committee notes the information provided by the Government on the organization between 2012 and May 2017 of 15 meetings between the various departments of the country, state institutions and organizations of persons with disabilities, which benefited 508 workers. In this context, the Government places emphasis on Act No. 763, which provides that enterprises and institutions with over 50 workers shall include at least 2 per cent of persons with disabilities, and that enterprises with between ten and 50 workers shall include at least one person with disabilities. It notes that, in relation to workers in export processing zones, the Government confines itself to indicating that the system of access to employment in export processing zones is based on the technical qualities of the applicant without any discrimination of any type. In this regard, the Committee recalls that discrimination in employment and occupation is a universal phenomenon and is constantly evolving, and that some manifestations of discrimination have acquired more subtle and less visible forms. In this respect, it is essential to acknowledge that no society is free from discrimination and that continuous action is required to address it. The Committee once again emphasizes the importance of constant awareness of the need for continuous action, which can always be improved, in the areas in which effect has to be given to the national policy on equality of opportunity and treatment in respect of employment and occupation. Statements that the application of the Convention does not give rise to any difficulties in practice, or that it is fully applied, without providing further information on the content of, or the means by which the national policy is applied, are difficult to accept. The promotion of equality of opportunity and treatment is not aimed at a stable and definitive situation, but is an ongoing process requiring a continual cycle of assessment, action, monitoring, further assessment and adjustment, including to address new issues and difficulties (see General Survey of 2012, paragraph 671). Under these conditions, while noting the information provided by the Government, the Committee asks the Government to: (i) take specific measures with a view to assessing the results of the implementation of the national equality policy and the equality programmes adopted; (ii) provide information on their impact on the various sectors of the population, and particularly the most vulnerable population groups, such as the rural population, indigenous and Afro-descendent peoples, and to take into account the aggravating effects of discrimination in relation to women; and (iii) provide information on the difficulties encountered in giving full effect to the Convention in practice, including in respect of men and women workers in export processing zones.

Equal opportunity and treatment for men and women. Public service. In its previous comments, the Committee asked the Government to continue providing information on the measures adopted to promote gender equality and their impact on the distribution of men and women in the public service, and asked it to include statistical information on this subject. It notes the activities carried out by the judicial authorities in the context of the gender equality policy 2016–20 referred to in its direct request on the Equal Remuneration Convention, 1951 (No. 100). The Committee requests the Government to continue to provide information on the measures adopted or envisaged to promote gender equality and on the results achieved in relation to the distribution of men and women in the public service, including relevant statistical data. In this regard, the Committee asks the Government to provide statistical data showing the impact of the affirmative measures adopted under the policy to promote gender equality in the judicial authorities.

Private sector. In its previous comments, the Committee asked the Government to provide information on the specific measures taken, including the measures adopted by the Nicaragua Institute for Women, with a view to increasing the labour market participation of women, and their impact. The Committee also asked the Government to provide further information on the measures taken in relation to access to credit and land ownership for women and their results, as well as on the impact of training and entrepreneurship development activities on the labour market participation of women, including in non-traditional occupations, and to provide statistics in this regard. The Committee notes the information provided by the Government on the training and awareness-raising action undertaken between 2007 and May 2017 covering 138,396 women own-account workers, leaders, cooperative members, heads of small businesses and public officials on personal, family and community development with a view to eradicating inequality and overcoming poverty. The Government adds that the “Zero hunger” and “Micro-credit zero usury” programmes were established. The Government indicates that between 2007 and 2016, the “Zero hunger” programme provided subsidies to 173,154 women in urban and semi-urban areas to fund small businesses and promote the production of food for their own consumption. The “Micro-credit zero usury” programme provided credit to 709,019 women to promote small businesses and facilitated the delivery of 293,476 property titles to women in rural areas and women heads of households in urban areas. The Government adds that a gender policy has been adopted which includes action to ensure equality in personnel recruitment, selection and promotion procedures, training and skills development for women and men, the review of the payroll in public bodies to ensure equitable remuneration, the promotion of the assignment of work free from gender stereotypes and the suppression of discriminatory language in documents and publications. The Committee asks the Government to continue providing information on the measures adopted by the Nicaraguan Institute for Women, and particularly statistical data, with a view to increasing the participation of women in the labour market and their outcome. The Committee also once again asks the Government to provide information on any measures adopted with a view to eliminating stereotypes relating to the roles of women and men in the family and in the world of work, and to ensure that measures to balance work and family responsibility benefit both men and women workers.

Enforcement. Labour inspection. In its previous comments, the Committee asked the Government to continue providing information on the action taken by the labour inspection services in relation to the application of the Convention and, in particular, to provide a copy of the Labour Inspection Guide, and to report on the results of their application and the obstacles encountered. The Committee notes the information provided on the inspection system, which includes 386 inspectors who apply the Labour Inspection Guide within the framework of special equality plans. In this regard, the Government attached the Labour Inspection Guide and referred to section 7 of the Guide, on equality and non-discrimination, through which action is taken to ascertain whether discrimination has occurred in employment on grounds of race, sex, disability, illness, pregnancy or nursing, or sexual harassment. The Committee also notes the awareness-raising measures indicated by the Government in its report, consisting of legal support for 1,657 women who claimed their labour rights in the courts, and the preparation of manuals in 2016 and 2017 on the rights of women workers. The Committee asks the Government to continue providing information on the activities carried out by the labour inspection services in relation to the application of the Convention, including statistical data, and on the obstacles encountered.

The Committee takes note of the supplementary information provided by the Government in light of the decision adopted by the Governing Body at its 338th Session (June 2020). The Committee proceeded with the examination of the application of the Convention on the basis of the supplementary information received from the Government this year, as well as on the basis of the information at its disposal in 2019.

Articles 2, 3 and 6 of the Convention. Formulation and application of a policy designed to promote the granting of paid educational leave. Participation of the social partners. In its previous comments, the Committee asked the Government to provide information on the formulation and application, in cooperation with the social partners, of policies and measures to promote the granting of paid educational leave for the purposes of vocational training at any level, general, social and civic education, and trade union education, and to send the relevant texts. It also asked the Government to provide up-do-date statistical information, disaggregated by sex, on workers who have received paid educational leave. However, the Committee notes that the Government does not provide information on the formulation or application of policies and measures to promote paid educational leave. With regard to the number of workers who have received paid educational leave during the period covered by the report, the Government indicates that it does not have any record of applications submitted or granted for paid educational leave for vocational or professional training. The Committee recalls that the principal obligation of the Convention is the one referred to in Article 2: to formulate and apply a policy designed to promote the granting of paid educational leave for the purposes stipulated (see the 1991 General Survey, Human resources development, paragraph 327). Accordingly, the Committee wishes to draw the Government’s attention to Paragraphs 7–10 of the Paid Educational Leave Recommendation, 1974 (No. 148), which provides guidance on measures for the promotion of paid educational leave. The Committee therefore once again requests the Government to provide up-to-date information on the formulation and application, in cooperation with the social partners, of policies and measures to promote the granting of paid educational leave for the purposes of vocational training at any level, general, social and civic education, and trade union education, and to send the relevant texts.

Article 4. Coordination of general policies on employment with the policy for promotion of paid educational leave. For several years, the Committee has been asking the Government to provide detailed information on the measures taken to coordinate national policy on paid educational leave with general policies on employment, education and vocational training. However, the Committee observes that the Government still does not provide any information on this matter. On the other hand, the Committee notes the information provided by the Government regarding the measures taken to reinforce technical training in the country. Among other things, the Government refers to the implementation of training measures for teachers and instructors by the National Training Centre for Teachers and Instructors (CNFDI), and the participation in various workshops on improvements to the management and planning of vocational training institutions held by the Central American Network of Vocational Training Institutes (REDIFP). In this regard, the Commission takes note of the detailed information provided by the Government in its supplementary report concerning the various training modules of the CNFDI and its regional offices, the number of teachers who were trained as technical education specialists and of instructors who were certified as vocational training facilitators between 2018 and 2019, as well as those who were being trained in 2020. The Government further indicates that, as of 2019, such training is also accessible, under certain conditions, to the general public. The Committee once again requests the Government to provide detailed information on the measures taken to coordinate national policy on paid educational leave with general policies on employment, education and vocational training, as required by Article 4 of the Convention.

Part V of the report form. Application in practice. The Committee requests the Government to provide information on the manner in which the Convention is applied in practice, including, for example, results of inspections, extracts from reports, studies and surveys, and also statistics disaggregated by sex on the number of workers who have benefited from the various arrangements for paid educational leave (for the purposes of vocational training, general, social and civic education, and trade union education) during the period covered by the report.

The Committee takes note of the supplementary information provided by the Government in light of the decision adopted by the Governing Body at its 338th Session (June 2020). The Committee proceeded with the examination of the application of the Convention on the basis of the supplementary information received from the Government this year, as well as on the basis of the information at its disposal in 2019.

Articles 1–4 of the Convention. Implementation of vocational training and guidance policies and programmes. The Committee notes with interest the adoption of the “National human development programme 2018–21” in December 2017, whose components include improvements to: ensuring the relevance and quality of technical education and vocational training, in line with the economic and social development needs of the country; developing technical and technological training programmes to promote the management, productivity and competitiveness of undertakings in collaboration with central and local private and public institutions; and reinforcing pedagogical training for teachers, including technical and technological refresher programmes. Moreover, the Committee notes the information provided by the Government in its report regarding the programmes implemented by the Ministry of Economic Affairs for the Family, Communities, Cooperatives and Associations (MEFCCA) to ensure access to vocational training and guidance for women, indigenous peoples, Afro-Nicaraguan persons, inhabitants of rural areas, and workers in the informal economy. In particular, the Government refers to the implementation of various training programmes for producers of coffee, cocoa, staple grains and sesame, such as the “Special support plan for small-scale producers (CRISSOL)” and the programme “Improving the organizational and productive capacities of cocoa producers in the ‘mining triangle’ (PROCACAO)”. The Government also indicates that, between 2014 and 2018, 30,655 indigenous and Afro-Nicaraguan families from the North Caribbean Coast Autonomous Region (RACCN) and the South Caribbean Coast Autonomous Region (RACCS) received training in agricultural, small-scale and agro-industrial production and small-scale business in the context of various projects, including the “Support project for increasing productivity and food and nutritional security on the Caribbean Coast of Nicaragua” and the “Support project for Tuno women craft workers in the Sakalwas community”. The Committee also notes the Government’s reference to the implementation of training programmes by the National Technological Institute (INATEC), such as support programmes for entrepreneurship and the development of small and medium-sized enterprises and of the “National programme for technical education in rural areas” with a view to bridging gaps in education, increasing productivity in rural areas and increasing the coverage of technical education. The Committee also notes the updated information provided by the Government in its supplementary report concerning the number of persons trained and, in general, the number of jobs generated directly and indirectly under the above-mentioned programmes and projects implemented between 2019 and March 2020. However, the Committee notes that the Government does not provide any information on measures taken or envisaged to guarantee access to vocational training and guidance for persons with disabilities. In this regard, the Committee recalls that Article 1(5) of the Convention provides that [vocational guidance and training] “policies and programmes shall encourage and enable all persons, on an equal basis and without any discrimination whatsoever, to develop and use their capabilities for work in their own best interests and in accordance with their own aspirations, account being taken of the needs of society.” Accordingly, Paragraph 5(g) and (h) of the Human Resources Development Recommendation, 2004 (No. 195), refers to the need to adopt measures to promote equal opportunities for women and men in education, training and lifelong learning; and to promote access to education, training and lifelong learning for youth, low-skilled people, persons with disabilities, migrants, older workers, indigenous peoples, ethnic minority groups and the socially excluded; and for workers in small and medium-sized enterprises, in the informal economy, in the rural sector and in self-employment.

The Committee notes, however, that the Government has still not provided the requested information on the impact of such programmes, including statistics disaggregated by age and sex. In this regard, the Committee observes that the Government does not indicate in its report what measures have been adopted or envisaged with a view to gathering statistical information on the results achieved in terms of the labour market insertion of participants in vocational training activities. The Committee once again refers to Paragraph 16 of Recommendation No. 195, which provides that “Members should evaluate the impact of their education, training and lifelong learning policies on the progress made towards achieving broader human development goals, such as the creation of decent jobs and poverty eradication.” The Committee therefore requests the Government to continue sending detailed information on the measures adopted or envisaged to guarantee access to vocational training and guidance for groups of workers in vulnerable situations, such as women, young persons, persons with disabilities, indigenous peoples, inhabitants of rural areas and workers in the informal economy. It also requests the Government to supply information on the manner in which such measures encourage and enable all persons, on an equal basis and without any discrimination whatsoever, to develop and use their capabilities for work in their own best interests and in accordance with their own aspirations, account being taken of the needs of society. The Committee also once again requests the Government to provide up-to-date detailed information, including statistics disaggregated by age and sex, on the impact of policies and programmes implemented in relation to vocational guidance and training, including those adopted in the context of the National human development programme 2018–21. Furthermore, the Committee once again requests the Government to indicate the measures adopted or envisaged with a view to gathering statistical information on the results achieved in terms of the labour market insertion of participants in vocational training activities.

Article 5. Cooperation with employers’ and workers’ organizations. In its previous comments, the Committee asked the Government to provide specific, detailed information on the manner in which the social partners and representatives of the private sector have been consulted in relation to the formulation, implementation and monitoring of vocational guidance and training programmes. However, the Committee notes that the Government has not included information on this matter in its report. In this regard, the Committee recalls that Article 5 of the Convention provides that “policies and programmes of vocational guidance and vocational training shall be formulated and implemented in cooperation with employers’ and workers’ organizations and, as appropriate and in accordance with national law and practice, with other interested bodies”. The Committee therefore once again requests the Government to send detailed, up-to-date information on the manner in which the social partners and representatives of the private sector have been consulted in relation to the formulation, implementation and monitoring of vocational guidance and training programmes.

COVID-19 pandemic. In the context of the COVID-19 global pandemic, the Committee recalls the broad guidance provided by international labour standards. In this regard, the Committee draws the Government’s attention to Paragraphs 18–20 of the Employment and Decent Work for Peace and Resilience Recommendation, 2017 (No. 205), which constitute a guide for the adoption and implementation of measures in the area of education, training and lifelong learning that respond effectively to the profound socio-economic effects of the pandemic. The Committee invites the Government to provide in its next report up-to-date information on the impact of the COVID-19 global pandemic on the implementation of education, training and lifelong learning policies and programmes.

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.

The Committee notes the information provided by the Government, which answers the points raised in its previous direct request and has no further matters to raise in this regard.

Part II of the Convention (Engagement and recruitment and migrant workers). Articles 5–19. In its previous comments, the Committee requested the Government to provide information on the medical provisions for recruited workers, including any prescribed medical examinations and the possibility of repatriation for incapacity or illness. The Committee notes the Government’s indication that Nicaraguan workers who work in plantations in Costa Rica are covered by the Costa Rican Social Security Fund. Similarly, under the provisions of the current agreement between Nicaragua and Costa Rica, they are covered by the benefits arising from the occupational risk policies of the Costa Rican National Insurance Institute, which are concluded for each worker by enterprises at the beginning of each agricultural cycle and are established in the individual contract of employment. Nevertheless, the Committee observes that the Government has not provided information on the circumstances and conditions under which the repatriation of workers is provided for in the event of incapacity or illness. The Committee requests the Government to provide statistical information, disaggregated by sex, on the number of Nicaraguan migrant workers working on plantations in Costa Rica who are covered by the Costa Rican Social Security Fund. The Committee also requests the Government to send detailed information on the benefits granted to such workers under the occupational risk policy of the Costa Rican National Insurance Institute. The Committee reiterates its request to the Government to indicate whether the possibility of repatriation is provided for in the event of incapacity or illness of migrant workers and under which conditions. The Committee also requests the Government to provide updated information on the engagement and recruitment of men and women migrant workers on plantations, including both internal and external migrants, and to indicate the number of people involved in this type of work (disaggregated by sex), their conditions of work and the type of plantation on which they are employed.

Part IV (Minimum wage). Articles 24–25. In response to the Committee’s previous comments, the Government indicates that the National Minimum Wage Board (2012–17) approved on a tripartite basis the minimum wage in the agricultural sector, which was raised by 75.9 per cent. Furthermore, the Government indicates that, under the ministerial decisions on the application of the minimum wage, food is added to the amount of the minimum wage established for the agricultural sector. The Government adds that, as a result, the purchasing power of the basic basket increased by 8.3 per cent. The Committee notes that, on 21 February 2017, the National Minimum Wage Commission fixed the new minimum wages applicable in the different sectors of the national economy for the period from 1 September 2017 to 28 February 2018. In this regard, the minimum wage in the agricultural sector was fixed at 3,773.82 Costa Rican colons (CRC), to which the food established for this sector is added. The Committee requests the Government to continue providing detailed and updated information on the effects of the current minimum wage on the purchasing power of workers, in relation to the “basic basket”. The Committee also requests the Government to provide information on the number of labour inspections conducted in the plantations sector and the results obtained with regard to the payment of minimum wages.

Part XI (Labour inspection). Articles 71–84. In response to the Committee’s previous comments, the Government indicates in general that the initiatives implemented with a view to monitoring the work of young persons in plantations during the coffee harvest in Jinotega and Madriz between 2010 and 2011 gave rise to good practices. The Government also reports the implementation at the national level, through the various offices of the Ministry of Labour, of plans and programmes providing assistance to children and young people who are working, including assistance and reporting programmes, awareness-raising and information campaigns and dialogue and consensus strategies. The Committee notes with interest the Government’s indication that 3,032 inspections were carried out in relation to child labour between 2011 and 2017 resulting in protection measures for the labour rights of 7,001 young workers, the detection of 1,557 violations and the identification of 467 cases of child labour. Furthermore, employers and producers signed agreements pledging not to hire children and work permits were issued to underage workers who had reached the minimum age. The Committee requests the Government to continue providing detailed and updated information on the different measures adopted with a view to eliminating child labour on plantations, as well as their impact in practice. The Committee also requests the Government to continue providing statistical information on labour inspections conducted in plantations in relation to child labour, particularly the number of visits, the number and type of violations observed and the penalties imposed.

Part XIII (Medical care). Articles 89–91. In its previous comments, the Committee, while noting that the World Bank had recently approved a new loan to expand sugar cane plantations in the country, requested the Government to provide information on the prevailing occupational health risks faced by plantation workers and any measures taken to prevent such risks. The Committee notes that the Government refers to the development of preventive measures and specialized medical care plans by the Nicaraguan Social Security Institute in relation to the occupational risks that can arise in plantations, especially in sugar cane plantations. In this regard, the Government indicates that, as part of the preventive programme for health promotion and education, 18,074 visits were conducted to work centres, including sugar cane plantations. This programme enabled the early detection and treatment of endemic diseases inherent to sugar cane cultivation, including chronic kidney failure. The Government reports that the number of sugar cane plantation workers covered by insurance increased from 1,362 in December 2006 to 2,625 in May 2018. Furthermore, the format of the obligatory insurance scheme that must be paid by the employers of workers in the plantations has been modified, so that these workers are not registered under a system providing for invalidity, old-age, death and professional risks, but are registered in the comprehensive system, which includes all the branches of the Nicaraguan Social Security Institute services (invalidity, old-age, death and occupational risks as well as sickness and maternity). The Government indicates that the workers covered by the mandatory social security system benefit from a series of measures to prevent occupational risks and illnesses. The Committee requests the Government to continue providing detailed information on the specific measures adopted or envisaged to prevent the occupational risks threatening the health of plantation workers. The Committee also requests the Government to continue sending statistical information, disaggregated by sex, on the number of plantation workers registered with the Nicaraguan Social Security Institute.

Follow-up to the Conclusions of the Committee on the Application of Standards (International Labour Conference, 108th Session, June 2019)

The Committee notes the discussions in the Conference Committee on the Application of Standards, in June 2019, on the application of the Convention. The Conference Committee called on the Government to urgently: (i) ensure that labour market policies are carried out in consultation with the most representative, free and independent workers’ and employers’ organizations in order to help achieve the principles of the Convention, drawing on ILO technical assistance; (ii) ensure that migrant workers and their families are adequately protected against discrimination, and (iii) develop and implement sound and sustainable economic and labour market policies, in consultation with the most representative, free and independent workers’ and employers’ organizations. In this regard, the Conference Committee encouraged the Government to avail itself of ILO technical assistance and to provide further information on measures taken for consideration by the Committee of Experts at its next session.

Parts I and II of the Convention. Improvement of standards of living. In its previous comments, the Committee expressed deep concern at the serious situation in the country, stemming from the political and social crisis that began on 18 April 2018 and which had a serious impact on the population’s living conditions. The Committee noted the information in the report of the Office of the United Nations High Commissioner for Human Rights (OHCHR) entitled, “Human rights violations and abuses in the context of protests in Nicaragua, 18 April–18 August 2018”, expressing concern about human rights violations and abuses in the context of the protests in Nicaragua. The Committee noted that since the beginning of the crisis, a great number of individuals had lost their jobs, the number of persons living below the poverty line had increased, pro-Government groups illegally occupied private land and the right to health had been significantly affected. In this regard, the Committee requested the Government to provide information on the results achieved by the National Human Development Plan (PNDH 2012–2016), the Country Partnership Framework for Nicaragua for 2018–2022, and on all measures aimed at improving standards of living of the Nicaraguan population, particularly with regard to groups in vulnerable situations, such as women, young people, people with disabilities, small-scale producers engaged in subsistence agriculture, and indigenous communities and communities of African descent. While noting that the damage caused to the population’s living conditions was a consequence of the country’s political and social crisis, the Committee requested the Government to take the necessary steps to ensure that those measures took account of workers’ basic family needs. The Committee also requested the Government to supply information on all measures taken in that regard as well as their outcome. In that context, the Committee reminded the Government of the possibility of availing itself of ILO technical assistance.

The Committee notes the Government’s indication that, as a result of the implementation of various programmes and social projects, significant progress has been made in increasing the population’s well-being and reducing poverty and extreme poverty. However, the Government reports that in 2018, there was a 3.8 per cent contraction in a number of economic sectors as a result of conflict in the country over the past few months. The Committee also notes the information provided by the Government on programmes implemented for small producers and rural workers between 2014 and 2018. The Government refers, for example, to the implementation of the “Support Project for Adaptation to Change in Markets and the Effects of Climate Change”, through which 14,273 coffee and cacao-producing families received training and technical support. Under the “Special Support Plan for Small-scale Producers”, 205,979 producers benefited from the technical assistance and support were provided to men and women producers. The Government also indicates that, through collective bargaining, the minimum wage has been increased for 380,000 workers in the various economic sectors. With respect to access to healthcare for the Nicaraguan population in the country, the Government indicates that there are 1,520 health-care centres and 66 mobile clinics and that the number of health-care personnel increased from 5,556 to 6,318 doctors and 31,124 to 35,841 health workers. The Government adds that 752,052 workers are registered with the social security system. With regard to education, the Government refers to the development of the “2017-2021 Education Plan”, the objective is to continue improving access to education (especially for members of the indigenous communities and those of African descent), as well as the quality of education and comprehensive training. Lastly, the Government reports the construction of 57,859 houses, with a view to ensuring the right to housing for 236,165 persons. The Committee notes, however, that the Government has still not provided information on the results achieved by the National Human Development Plan (PNDH 2012–2016) and the Country Partnership Framework for Nicaragua for 2018–2022. The Committee once again requests the Government to provide detailed information, including statistics disaggregated by sex and age, on the results achieved by the Country Partnership Framework for Nicaragua for 2018 2022, as well as all measures aiming to ensure an improvement in the living standards of the Nicaraguan population (Article 2), particularly with regard to groups in vulnerable situations, such as women, young people, people with disabilities, small-scale producers engaged in subsistence agriculture, and indigenous communities and communities of African descent. The Committee requests the Government to continue providing information on the steps taken to ensure that such measures take account of workers’ basic family needs, such as food and its nutritive value, housing, clothing, medical care and education (Article 5(2)). It also requests the Government to continue providing detailed information on all measures taken in this regard and their outcome.

Part III. Migrant workers. In its previous comments, the Committee requested the Government to provide information on the measures taken to ensure that the working conditions of migrant workers who are required to live away from their homes take account of their family needs. It also requested the Government to provide statistical data on the number of migrant workers required to live away from their homes. The Committee notes that, according to the information supplied by the Directorate-General for Migration and Foreign Nationals, the number of Nicaraguan nationals who have emigrated abroad in search of work, as well as foreign workers who have arrived in the country looking for work, is on the increase. In 2014, 2,641 Nicaraguans emigrated, while in 2018 the number was 336,965. There were 5,194 immigrant workers in Nicaragua in 2014, compared with 183,275 in 2018. The Committee also notes the copy of the agreement concluded between Costa Rica and Nicaragua in December 2007, seeking to regulate binational labour migration management procedures for seasonal workers. The agreement provides that the Government of Costa Rica shall guarantee Nicaraguan workers the same labour rights, pay and entitlements as those legally available to national workers, as well as housing adapted to the safety and health requirements of national legislation. As part of that agreement, the Government refers to the “specific collective recommendation on agricultural workers, approved on 1 September 2017 by the Ministry of Labour and Social Security (MTSS) of Costa Rica, authorizing 750 foreign workers to work for a specified period planting and harvesting melons in Costa Rica. The Committee requests the Government to continue providing up-to-date statistical information, disaggregated by sex and age, on the number of migrant workers required to live away from their homes.

Article 13. Voluntary forms of thrift. In its previous comments, the Committee requested the Government to provide information on the measures taken to encourage wage earners and independent producers to practise the voluntary forms of thrift envisaged by the Convention. The Committee also requested the Government to indicate the measures adopted to protect them against usury, particularly measures aimed at women. The Committee notes the Government’s indication that 524 cooperatives are listed in the National Registry of Cooperatives of the Ministry of the Family, Community, Cooperative and Associative Economy (MEFCCA). The Government adds that those cooperatives offer financial intermediation, both thrift and credit, for their 123,862 associates, of whom almost half (52,588) are women. The Committee requests the Government to continue providing detailed up-to-date information on the measures taken to encourage wage earners and independent producers to practise the voluntary forms of thrift envisaged by the Convention. It also requests the Government to provide specific detailed information on the measures adopted to protect them against usury and, in particular, to specify the measures taken with a view to reducing loan interest rates by regulating loan transactions, and by increasing borrowing facilities for appropriate purposes through cooperative credit organizations or through institutions under the control of the competent authority. The Committee finally requests the Government to continue providing detailed information on the measures adopted in this regard that are intended specifically for women.

The Committee notes the information provided by the Government, which answers the points raised in its previous direct request and has no further matters to raise in this regard.

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.

Comments adopted by the CEACR: Nicaragua

Adopted by the CEACR in 2021

C087 - Observation (CEACR) - adopted 2021, published 110th ILC session (2022)

C098 - Observation (CEACR) - adopted 2021, published 110th ILC session (2022)

C122 - Direct Request (CEACR) - adopted 2021, published 110th ILC session (2022)

Adopted by the CEACR in 2020

C088 - Direct Request (CEACR) - adopted 2020, published 109th ILC session (2021)

C100 - Observation (CEACR) - adopted 2020, published 109th ILC session (2021)

C100 - Direct Request (CEACR) - adopted 2020, published 109th ILC session (2021)

C111 - Direct Request (CEACR) - adopted 2020, published 109th ILC session (2021)

C140 - Direct Request (CEACR) - adopted 2020, published 109th ILC session (2021)

C142 - Direct Request (CEACR) - adopted 2020, published 109th ILC session (2021)

Adopted by the CEACR in 2019

C029 - Direct Request (CEACR) - adopted 2019, published 109th ILC session (2021)

C095 - Replies received to the issues raised in a direct request which do not give rise to further comments (CEACR) - adopted 2019, published 109th ILC session (2021)

C110 - Direct Request (CEACR) - adopted 2019, published 109th ILC session (2021)

C117 - Observation (CEACR) - adopted 2019, published 109th ILC session (2021)

Follow-up to the Conclusions of the Committee on the Application of Standards (International Labour Conference, 108th Session, June 2019)

C131 - Replies received to the issues raised in a direct request which do not give rise to further comments (CEACR) - adopted 2019, published 109th ILC session (2021)

MLC, 2006 - Direct Request (CEACR) - adopted 2019, published 109th ILC session (2021)

Comments adopted by the CEACR: Nicaragua

Display the list by:

Adopted by the CEACR in 2021

C087 - Observation (CEACR) - adopted 2021, published 110th ILC session (2022)

C098 - Observation (CEACR) - adopted 2021, published 110th ILC session (2022)

C122 - Direct Request (CEACR) - adopted 2021, published 110th ILC session (2022)

Adopted by the CEACR in 2020

C088 - Direct Request (CEACR) - adopted 2020, published 109th ILC session (2021)

C100 - Observation (CEACR) - adopted 2020, published 109th ILC session (2021)

C100 - Direct Request (CEACR) - adopted 2020, published 109th ILC session (2021)

C111 - Direct Request (CEACR) - adopted 2020, published 109th ILC session (2021)

C140 - Direct Request (CEACR) - adopted 2020, published 109th ILC session (2021)

C142 - Direct Request (CEACR) - adopted 2020, published 109th ILC session (2021)

Adopted by the CEACR in 2019

C029 - Direct Request (CEACR) - adopted 2019, published 109th ILC session (2021)

C095 - Replies received to the issues raised in a direct request which do not give rise to further comments (CEACR) - adopted 2019, published 109th ILC session (2021)

C110 - Direct Request (CEACR) - adopted 2019, published 109th ILC session (2021)

C117 - Observation (CEACR) - adopted 2019, published 109th ILC session (2021)

Follow-up to the Conclusions of the Committee on the Application of Standards (International Labour Conference, 108th Session, June 2019)

C131 - Replies received to the issues raised in a direct request which do not give rise to further comments (CEACR) - adopted 2019, published 109th ILC session (2021)

MLC, 2006 - Direct Request (CEACR) - adopted 2019, published 109th ILC session (2021)