Direct Request (CEACR) - adopted 2005, published 95th ILC session (2006)

Article 3 of the Convention. Worst forms of child labour. Clause (a). 1.  Sale and trafficking of children. In its previous comments, the Committee noted that the national legislation did not include provisions prohibiting the sale or trafficking of young persons under 18 years of age for economic exploitation. The Committee notes the information provided by the Government that a draft amendment to certain provisions of the Penal Code, particularly relating to the sale or trafficking of young persons under 18 years of age for economic exploitation, is currently being examined with a view to giving full effect to Convention No. 182. It requests the Government to provide information on any progress achieved in this respect.

Clause (b). Use, procuring or offering of a child for the production of pornography or for pornographic performances. In its previous comments, the Committee noted that section 67 of the Code of Childhood and Adolescence only prohibits publicity agencies, media owners and their workers from using young persons for child pornography. It reminded the Government that the prohibition comtemplated in Article 3(b) of the Convention related to anyone using, procuring or offering a young person under 18 years of age for the production of pornography or for pornographic performances. The Committee hopes that the draft amendment to certain provisions of the Penal Code, when it is adopted, will take into account the provisions contained in Article 3(b) of the Convention.

Article 3(d) and Article 4, paragraphs 1 and 3. Types of hazardous work and revision of the list of the types of hazardous work determined. With reference to its previous comments, the Committee noted with interest that section 133 of the Labour Code, as amended by Act No. 474 of 21 October 2003, contains a list determining the types of employment or work that are prohibited for children (young persons who have not yet reached the age of 13 years) and adolescents (young persons of between 13 and 18 years of age). It also notes that this list was determined following several consultations held at both the national and municipal levels by the National Commission for the Progressive Elimination of Child Labour and the Protection of Young Workers (CNEPTI), in which governmental institutions, non-governmental organizations (NGOs), employers’ and workers’ organizations and universities participated.

Article 5. Monitoring mechanisms. In its previous comments, the Committee requested the Government to provide information on the activities of the CNEPTI and on the mechanisms for the implementation of the National Strategic Plan for the Progressive Elimination of Child Labour and the Protection of Young Workers (2001-05). In this respect, the Committee notes the information provided by the Government, particularly relating to the methodology to be followed and the activities undertaken by the CNEPTI in relation to the implementation of the National Strategic Plan. It also notes that the process of evaluating the Plan is currently under way and that information on the results achieved will be used for the development of a National Strategic Plan for the Progressive Elimination of Child Labour and the Protection of Young Workers (2006-10). The Committee requests the Government to provide information on the results achieved in the context of the National Strategic Plan (2001-05) and to provide a copy of the National Strategic Plan (2006-10).

Article 7, paragraph 2. Effective and time-bound measures. Clause (a). Preventing children from being engaged in the worst forms of child labour. The Committee notes the information provided by the Government concerning the measures taken in the context of the National Education Plan (2001-15), particularly to improve access to education. However, it notes that in its concluding observations on the third periodic report of the Government in June 2005 (CRC/C/15/Add.265, paragraphs 54-58), the Committee on the Rights of the Child expressed concern at the information that each year around 850,000 children between 3 and 16 years of age remain outside the school system for reasons which include the lack of resources allocated to this sector. Considering that education contributes to eliminating many of the worst forms of child labour, the Committee hopes that the Government will continue its efforts to improve the education system.  It requests the Government to keep it informed of any progress achieved in this respect.

Clause (b). Assistance for the removal of children from the worst forms of child labour. With reference to its previous comments, the Committee notes the detailed information concerning the programmes of direct action implemented in the country, and particularly: the Programme for the immediate elimination of child labour in the rubbish dumps of Chureca; the Programme for the prevention and elimination of child labour in the coffee industry in the departments of Jinotega and Matagalpa; the Programme for the prevention and elimination of child labour in agricultural work, including the cultivation of rice, beans and maize in the department of Chontales; and the Programme for the elimination of child labour in the "India" mine. It also notes that, with the collaboration of the CNEPTI, around 22 programmes of direct action have been implemented in Nicaragua. These programmes place emphasis on the following components: education, health, economic alternatives for the families of children removed from the worst forms of child labour, training and awareness raising. In this respect, the Committee notes with interest that the activities carried out in the context of these programmes have directly benefited around 16,500 girls, boys and young persons, and indirectly benefited 55,000 girls, boys and young persons, as well as indirectly benefiting 2,716 families. The Committee requests the Government to continue providing information on the programmes of direct action that are currently being implemented in the country, particularly with regard to the number of children who are in practice removed from the worst forms of child labour.

Clause (c). Access to free basic education. The Committee takes due note of the Government’s indications that, following the implementation of the four programmes of action referred to above, a large number of children have been removed from work and have effectively been reintegrated into basic education courses or are following pre-vocational or vocational training.

Clause (d). Identification of children at special risk. Commercial sexual exploitation. With reference to its previous comments concerning the National Plan against the Commercial Sexual Exploitation of Girls, Boys and Young Persons (2003-08), the Committee notes the Government’s indications that awareness-raising activities on this problem have been carried out in certain regions of the country which are particularly affected by this worst form of child labour. It also notes that no statistical data on the current situation are available. Nevertheless, a study carried out by the Ministry of the Family in five municipal areas shows that 300 children, both girls and boys, were victims of commercial sexual exploitation. Of this number, 70.3 per cent were girls, with 29.7 per cent being boys. The Committee requests the Government to continue providing information on the National Plan against the Commercial Sexual Exploitation of Girls, Boys and Young Persons (2003-08), and particularly on the number of children removed from the sex trade and their rehabilitation and social integration.

Clause (c). Special situation of girls. The Committee notes the information on the Programme for the Prevention and Elimination of Child Labour as Domestic Servants through Education and Vocational Training in Nicaragua and Honduras. The Committee requests the Government to continue its efforts to ensure the protection of girls working in domestic service against the worst forms of child labour.

Article 8. Enhanced international cooperation and assistance. With reference to its previous comments, the Committee notes the Government’s indications concerning its commitment to improve the rate of economic growth in the country and reduce poverty.

Parts IV and V of the report form. Application of the Convention in practice. In its previous comments, the Committee expressed concern at the situation of children in Nicaragua who have to perform the worst forms of child labour. It encouraged the Government to redouble its efforts to improve this situation. The Committee notes the information provided by the Government in its report and on the statistical data compiled following the inspections carried out between 1999 and 2004 by the Directorate for Child Labour. It also notes that a survey on child labour in Nicaragua will be carried out in November 2005. This survey will make it possible to update the statistical data for 2000 and therefore to evaluate the measures adopted for the elimination of child labour. The Committee requests the Government to continue providing statistics and information on the nature, extent and trends of the worst forms of child labour, the number of children covered by the measures giving effect to the Convention, the number and nature of the infringements reported, investigations, prosecutions, convictions and penalties imposed. It also requests the Government to provide the findings of the survey carried out in November 2005.