Demande directe (CEACR) - adoptée 2005, publiée 95ème session CIT (2006)

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

Article 2 of the Convention. Scope of application. Referring to its previous comments on work performed by children on their own account, the Committee notes that sections 130 and 131 of the Labour Code have been amended by Law No. 474 of 21 October 2003. Under the terms of the new section 130, all persons between 14 and 18 years of age who perform productive activities or provide services in exchange for remuneration are considered to be adolescent workers. Under the new section 131, paragraphs 2 and 3, adolescents over 16 years of age may sign a contract, although those between 14 and 16 years of age require authorization from their parents or a guardian, and the supervision of the Ministry of Labour to do the same. The Committee notes that, despite the amendments made to sections 130 and 131, the Labour Code does not apply to employment relations which are not derived from an employment contract, such as work performed by children on their own account. The Committee once again recalls that the Convention applies to all sectors of economic activity and that it covers all forms of employment or work, whether or not there is an employment contract and whether or not the work is remunerated. Therefore, it requests the Government to provide information on the manner in which the protection afforded by the Convention is secured for children exercising an economic activity that is not covered by an employment relationship, such as work on their own account.

Article 3. 1. Determination of types of hazardous work.  The Committee notes with interest that section 133 of the Labour Code, as amended by Law No. 474 of 21 October 2003, establishes a list determining the types of employment or work prohibited to children (up to the age of 13) and adolescents (a child aged between 13 and 18 years of age).

2. Authorization to employ young persons as from the age of 16 years. Referring to its previous comments, the Committee notes that, according to the information provided by the Government with regard to the transport of heavy loads, completion of hazardous work and, in particular, the handling or transport of heavy loads (paragraph 1(f)) is prohibited under section 133 of the Labour Code as amended by Law No. 474 of 21 October 2003. With regard to work with pesticides, the Committee also notes the information provided by the Government, according to which, under section 78 of the ministerial resolution on health and safety at the workplace of 28 July 2000, the performance of work by children and adolescents which exposes them to chemical, physical and biological contaminants is prohibited.

Articles 7 and 8. Derogations to the general minimum age. 1. Light work. In its previous comments, the Committee noted that section 134 of the Labour Code does not set out the conditions under which children under 14 years of age may perform light work, in accordance with Article 7 of the Convention. In its report, the Government indicates that Law No. 474 of 21 October 2003 introduces certain amendments to the provisions relating to child labour included in the Labour Code, with the objective of establishing rules governing light work by children between 12 and 14 years of age. Whilst noting this information, the Committee notes that these amendments govern the employment conditions of children over 14 years of age but do not regulate light work. Furthermore, the Committee takes note of the statistical information with regard to child workers under the age of 14 contained in the national report on child labour compiled by the Statistical Information and Monitoring Programme on Child Labour (SIMPOC) and published by ILO/IPEC in April 2003, which indicates that, in practice, a considerable number of children under 14 years of age are in work. The Committee once again draws the Government’s attention to Article 7, paragraphs 1 and 4, of the Convention which states that national legislation permits the employment or work of persons of 12 to 14 years of age on light work which is: (a) not likely to be harmful to their health or development; and (b) not such as to prejudice their attendance at school, their participation in vocational orientation or training programmes approved by the competent authority or their capacity to benefit from the instructions received. Moreover, the types of activities in which employment or work may be permitted shall be determined and the number of hours during which and the conditions in which such employment or work may be undertaken shall be prescribed, in accordance with Article 7, paragraph 3, of the Convention. The Committee thus strongly encourages the Government to implement a system governing the employment of children between 12 and 14 years of age in light work, according to the conditions prescribed under Article 7 of the Convention given the reality of the situation in the country.

2. Artistic performances. Referring to its previous comments, the Committee notes the information provided by the Government in its report according to which the procedure permitting children to participate in artistic performances is the same as that set out by the labour inspectorate.

Part V of the report form. The Committee notes that, in its final observations on the third periodic report of the Government of June 2005 (CRC/C/15/Add.265, paragraph 61), the Committee on the Rights of the Child expressed concern at the information that child labour has increased consistently in the last years due to migration from neighbouring countries and intensification of poverty. The Committee notes the national report on child labour compiled by SIMPOC and published by ILO/IPEC in April 2003. According to the statistical data, contained in this report, around 253,057 children aged between 5 and 17 are working. Of this number, 10.9 per cent are between 5 and 9 years of age and 45 per cent between 10 and 14 years of age. The Committee notes that, according to the statistical data contained in this report, child labour is particularly common in the following sectors: agriculture, forestry, fishing, trade, hotels and restaurants, community, mining, construction and transport. The Committee notes that it would appear that it is difficult to regulate child labour and that child labour is a problem in practice. The Committee expresses its serious concern at the situation of children under 14 years of age obliged to work in Nicaragua due to personal necessity. The Committee nevertheless notes that the Government is in the process of drawing up a National Strategic Plan for the Progressive Elimination of Child Labour and the Protection of Adolescent Workers. It therefore encourages the Government to pursue its efforts to gradually improve this situation. It requests the Government to communicate information on the impact of the abovementioned Plan on eliminating child labour.

The Committee notes the information provided by the Government according to which a study on child labour in Nicaragua will be carried out in November 2005. This study will allow for statistical data on this issue to be updated and for the evaluation of the measures taken to eliminate child labour. The Committee requests the Government to provide information on the results of the study which will be carried in November 2005. It also invites the Government to continue to provide information on the application of the Convention in practice, providing, for example, statistical information concerning child and adolescent labour, extracts of inspection services reports, in particular, inspections carried out in the sectors mentioned above.