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

Convention (n° 182) sur les pires formes de travail des enfants, 1999 - Nicaragua (Ratification: 2000)

Article 3 of the Convention. Worst forms of child labour. Clause (d). 1. Hazardous work in agriculture. The Committee previously noted the adoption of Ministerial Agreement JCHG-08-06-10 of 19 August 2010, which prohibits hazardous work for children and young persons under 18 years of age and contains a detailed list of the types of hazardous work.

The Committee notes the information provided by the Government in its report as regards the measures undertaken to give effect to Ministerial Agreement JCHG-08-06-10, which have concerned special inspection services focusing in particular on the protection of children working in quarrying limestone. These services have also focused on raising awareness of employers and parents to the dangers of these workplaces for minors and to the laws prohibiting and penalizing the employment of children. The Committee further notes that a total of 4,111 agreements were signed with employers in all departments of the country covering all different sectors of the economy (such as mining, fishing and agriculture) committing to not use any child labour.

The Committee notes, however, that the Government’s report does not provide information on the number of inspection visits carried out in the agricultural sector by the inspectorate responsible for child labour, nor statistics of the number of violations recorded and the penalties imposed. This absence of information is all the more worrisome, since according to the latest available statistics of the 2005 national study on child labour (ENTIA 2005) 70.5 per cent of children between the ages of 7 and 14 years work in agriculture. The Committee therefore urges the Government to strengthen its efforts to ensure that children under 18 years of age employed in the agricultural sector are not engaged in hazardous work. For this purpose, the Committee reiterates its request to strengthen the capacity of the inspectorate responsible for child labour in agriculture. In this regard, it also requests the Government to provide information on the practical effect given to Ministerial Agreement JCHG-08-06-10 of 19 August 2010.

2. Domestic work by children. Further to its previous comments, the Committee notes the information provided by the Government in its report as regards the application of Act No. 666 of 4 September 2008 on domestic work, which protects young persons in domestic service by laying down recruitment and working conditions, penalties for abuse, violence or humiliation and provisions on the promotion of education of these young domestic workers. The Committee notes that according to the Government since the adoption of the Act, 8,483 labour inspection visits have been carried out at homes in order to monitor the working conditions of children and young persons employed as domestic workers, ensuring the protection of 601 children and young persons. As a follow-up to the registration of children and young persons engaged in domestic work, the Government states that five seminars have been organized in the departments of Estelí, Nueva Segovia, Madriz Masaya and Managua, attended by 149 young persons to provide information about their rights at work and educational scholarships. Taking due note of the measures taken by the Government, the Committee requests the Government to pursue its efforts to guarantee the protection laid down in Act No. 666 of 4 September 2008 for children and young persons employed in domestic service and continue to provide information on the number of inspections carried out. Noting the absence of information on this point in the Government’s report, the Committee once again requests the Government to provide information on the number of offences reported and the penalties imposed.

Article 7(2). Effective and time-bound measures. Clause (b). Direct assistance for the removal of children from the worst forms of child labour and for their rehabilitation and social integration. Child labour in agriculture. Further to its previous comments, the Committee notes the Government’s indication that as part of the “Coffee harvesting without child labour” programme, a number of collaborative tripartite agreements were signed between the Ministries of Labour, Education and Health, and coffee producers and key actors in the agricultural sector. In 2010–11 a total of 1,371 children benefited from this programme in the departments of Jinotega, Matagalpa and Carazo. The Committee also notes that as part of the programme “From work to school” a number of children were withdrawn from working in mines and breaking rocks in the municipalities of Chinandega, El Rama and El Bluff. The programme has provided these children with educational, health care and recreational services and has supplied young persons with tools (such as sewing machines, worktables, irons) with the objective of promoting self-employment and collective cooperation. The Committee encourages the Government to pursue its efforts and requests it to continue to provide information on the results obtained under the various programmes aimed at withdrawing children and young persons from carrying out hazardous work in all agricultural sectors and on the measures taken to ensure their rehabilitation and social integration.

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