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

Social Policy (Basic Aims and Standards) Convention, 1962 (No. 117) - Nicaragua (Ratification: 1981)

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.