Direct Request (CEACR) - adopted 2022, published 111st ILC session (2023)

Observation (CEACR) - adopted 2022, published 111st ILC session (2023)

Direct Request (CEACR) - adopted 2018, published 108th ILC session (2019)

Observation (CEACR) - adopted 2018, published 108th ILC session (2019)

Direct Request (CEACR) - adopted 2017, published 107th ILC session (2018)

Observation (CEACR) - adopted 2017, published 107th ILC session (2018)

Direct Request (CEACR) - adopted 2016, published 106th ILC session (2017)

Observation (CEACR) - adopted 2016, published 106th ILC session (2017)

Direct Request (CEACR) - adopted 2015, published 105th ILC session (2016)

Observation (CEACR) - adopted 2015, published 105th ILC session (2016)

Direct Request (CEACR) - adopted 2013, published 103rd ILC session (2014)

Observation (CEACR) - adopted 2013, published 103rd ILC session (2014)

Direct Request (CEACR) - adopted 2011, published 101st ILC session (2012)

Observation (CEACR) - adopted 2011, published 101st ILC session (2012)

Direct Request (CEACR) - adopted 2009, published 99th ILC session (2010)

Article 7, paragraph 2, of the Convention. Effective and time-bound measures. Clause (a). Preventing children from becoming engaged in the worst forms of child labour. Access to free basic education. In its previous comments, the Committee noted that, according to the statistics of the UNESCO Institute for Statistics, 86 per cent of girls and 88 per cent of boys attend primary school, while 46 per cent of girls and 40 per cent of boys attend secondary school. It also noted that, according to the final evaluation report on the National Strategic Plan for the Prevention and Elimination of Child Labour and the Protection of Young Workers 2001–05 (Strategic Plan 2001–05), a special plan for the enrolment of children in schools resulted in the re-enrolment of over 3,455 boys and 2,742 girls in primary school in 2005 and over 50,000 children in 2006. However, despite the efforts made by the Government, the Committee expressed concern at the low school attendance rates, particularly at the secondary level. Considering that education contributes to preventing the engagement of children in the worst forms of child labour, the Committee urged the Government to step up its efforts to improve the operation of the education system, particularly by increasing school enrolment rates at the secondary level and reducing the school drop-out rate. It requested the Government to provide information on the results achieved.

The Committee notes the indication that one of the first measures taken by the Government was to promote and facilitate the education of children and young persons at the national level through its education policy for 2007–11 entitled “A ministry in the classroom”. According to the Government, as a result of the implementation of this policy, nearly 1 million children and young persons of school age have benefited from free schooling, in accordance with the provisions of article 121 of the national Constitution. It also notes that a subcommittee for the care of child workers excluded from the education system (composed of members of the CNEPTI and of advisory bodies such as the ILO–IPEC programme, Save the Children, the CARE International intergovernmental development agency, the United Nations Children’s Fund (UNICEF), as well as of engineers of the “Love Programme” and projects aimed at child workers (ENTERATE, PRONIÑO, CUCULMECA, Fundación Eduquemos)) has been set up to define the methodologies and strategies to be implemented by the Ministry of Education in taking care of children excluded from the education system, while coordinating the actions provided for under the strategic plan and road map for declaring the country an area free of child labour. The Committee also notes that the Ministries of Labour, Education and Health have supported and promoted an informal education pilot strategy entitled “Educational bridges” in the context of the coffee harvesting plan 2007–08, promoted by the CNEPTI. This strategy has been implemented on five coffee plantations and has benefited a total of 555 children in the Department of Jinotega. The Ministry of Education and Sport has in turn launched a national literacy and education campaign for children and young persons excluded from the education system. The Government is also supporting the “Love Programme”, which involves the Ministry of Family, Adolescence and Childhood, as well as the Ministries of Health, Education, the Interior and Labour, the Nicaraguan Social Security Institute (INSS), the Nicaraguan Institute for Youth and Sport, the Institute of Culture, the Nicaraguan Women’s Institute, the Office of the Human Rights Ombudsperson and the Public Prosecutor’s Office. The programme aims, inter alia, to ensure the right of children and young persons to an education and provides for the creation of child development centres and community crèches to provide professional care for the children of working mothers. To date, comprehensive care has been provided for 83,884 children under 6 years of age in 1,099 community crèches. The Committee also notes the information provided by the Government that one of the specific objectives of the National Strategic Plan for the Prevention and Elimination of Child Labour and the Protection of Young Workers (PEPETI) 2007–16 is to remove children from work and integrate them into the education system. The Committee appreciates the efforts being made by the Government to strengthen the education system and expand its coverage. It requests it to provide information on any progress made following the implementation of the education policy for 2007–11 and the PEPETI 2007–16, with regard to the strengthening of the education system and the expansion of its coverage. It also requests the Government to provide information, including statistics, on the impact of the measures implemented on the enrolment rate of young persons at the secondary level, as well as on the school drop-out rate.

Parts IV and V of the report form. Application of the Convention in practice. In its previous comments, the Committee noted that, according to the national study on child labour of 2005 (ENTIA 2005), 239,220 children between the ages of 5 and 17 years are engaged in work in the country. It also noted with interest that, according to the final evaluation report of the National Strategic Plan 2001–05 of October 2006, child labour has decreased by around 6 per cent since 2000. According to the final evaluation report, 14,075 children have benefited from programmes of action on the worst forms of child labour implemented in the country by the ILO–IPEC. The Committee also noted the statistics on the inspections carried out in relation to the elimination of child labour and the protection of young persons, provided by the Government. It also noted that the Office of the Public Prosecutor has adopted the policy of priority criminal prosecution with special emphasis on the trafficking of persons. According to the Government, this policy is implemented by the unit specializing in gender issues in the department of Managua and, in the rest of the country, by the Office of the Public Prosecutor. The Committee requested the Government to provide information on the implementation of the policy of priority criminal prosecution, particularly with regard to the sale and trafficking of young persons under 18 years of age. It also requested 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 protected by the measures giving effect to the Convention, the number and nature of the violations reported, the penalties imposed, etc. To the extent possible, all information provided should be disaggregated by the type of worst form of child labour and by sex.

The Committee notes the statistics provided by the Government concerning the number of enterprises in the country’s various departments and belonging to the various sectors of the economy in which cases of child labour were detected in 2008 and the first half of 2009, the number of children in those enterprises (disaggregated by sex and age group), as well as the number of violations reported. It requests the Government to continue providing statistics and information on the nature, extent and trends of the worst forms of child labour, the number and nature of violations, the investigations, prosecutions and convictions.

Observation (CEACR) - adopted 2009, published 99th ILC session (2010)

Article 3 of the Convention. Worst forms of child labour. Clauses (a) and (b). Sale and trafficking of children and the use, procuring or offering of a child for the production of pornography or for pornographic performances. In its previous comments, the Committee noted that the national legislation does not contain provisions prohibiting the sale or trafficking of young persons under 18 years of age for economic exploitation or the procuring or offering of a child under 18 years of age for the production of pornography or for pornographic performances. It expressed the strong hope that the draft amendment to the Penal Code would be adopted in the near future and that it would give effect to Article 3(a) and (b) of the Convention.

The Committee notes with satisfaction the promulgation of Act No. 641 of 16 November 2007 issuing the new Penal Code. The new Penal Code, which entered into force again in July 2008, defines commercial sexual exploitation in the chapter on “Offences against freedom and sexual integrity”. These offences cover sexual exploitation, pornography and the sexual act with young persons in return for payment (section 175); the promotion of tourism for the purpose of sexual exploitation (section 177); aggravated procurement (section 179); procurement (section 180); and the trafficking of persons for the purposes of slavery or sexual exploitation (section 182). Furthermore, section 315 of Title X of the same Code on “Offences against labour rights” provides for the imposition of a prison sentence of five to eight years on anyone who, in the context of an employment relationship, subjects, forces or maintains another person in a situation of slavery or in conditions similar to slavery or forced labour. The same section provides for the imposition of penalties on persons who traffic other persons for the purpose of labour exploitation. It also provides for heavier penalties if the victims are children. The Committee requests the Government to provide information on the application of the above provisions of the new Penal Code in practice, including, in particular, statistics on the number and nature of violations reported, the investigations conducted, prosecutions, convictions and penal sanctions imposed.

Clause (d). Hazardous work in agriculture. In its previous comments, the Committee noted that, according to the statistics available to the Office, 60 per cent of children who work in Nicaragua are engaged in activities in the agricultural sector, which is a branch of economic activity in which the working conditions may be hazardous for young persons under 18 years of age. It also noted that the list of hazardous types of work prohibited for young persons under 18 years of age, set out in the Ministerial Agreement of 14 November 2006, includes types of hazardous work in the agricultural sector. In view of the above statistics, the Committee urged the Government to take the necessary measures as a matter of urgency to ensure that no young person under 18 years of age is engaged in the worst forms of hazardous work in agriculture, that those responsible for availing themselves of such labour are prosecuted and that effective and dissuasive penalties are imposed on such persons.

The Committee notes the Government’s indication that tripartite consultations on the matter of updating the list of hazardous types of work are currently being held within the National Occupational Safety and Health Council and the National Committee on the Progressive Elimination of Child Labour (CNEPTI), but also with the labour inspectorate for children. The Committee also notes with interest that sections 315 and 317 of the new Penal Code provide respectively for a penalty of 2 to 4 years’ imprisonment for anyone who recruits a minor under 18 years of age for the purpose of labour exploitation with the exception of cases authorized by law, as well as a prison sentence of 3 to 6 years and a financial penalty of 400 to 600 fine days for anyone who uses or allows children under 18 years of age to carry out work in unhealthy environments which pose a threat to their life, health or physical, psychological or moral integrity. These types of work include work in mines, underground, rubbish dumps, evening entertainment centres, involving the use of dangerous machinery, equipment and tools, the manual transport of heavy loads, toxic objects and substances, psychotropic substances, as well as night work in general or in any other task defined as hazardous work for children, in accordance with the relevant provisions. The Committee requests the Government to provide information on the outcome of the consultations held with regard to the updating of the list of hazardous types of work, in particular hazardous work in agriculture, and to provide a copy of any relevant text or draft text. Furthermore, while welcoming the legal measures adopted with a view to ensuring that no child under 18 years of age is engaged in hazardous work and that any person who avails himself of such labour shall be liable to the above administrative and penal sanctions, the Committee hopes that the Government will provide information and statistics in its next report showing the impact, in practice, of these new provisions.

Domestic work. In its previous comments, the Committee encouraged the Government to continue its efforts to ensure that young persons under 18 years of age, particularly young girls, who are engaged in domestic service do not perform hazardous types of work, and expressed the hope that the preparatory work on the draft amendment to Title VIII of the Labour Code would be completed in the near future and that measures would be taken for its adoption very soon.

The Committee notes with satisfaction the adoption of Act No. 666 of 4 September 2008 on domestic work and amending Chapter I of Title VIII of the Labour Code. This Act protects young persons working in domestic service by laying down the recruitment and working conditions, as well as the penalties applicable in the case of abuse, violence or humiliation of these young workers by the employer or his family. It also prescribes the obligation of the employer to notify the labour inspectorate of such recruitment and also provides for cash remuneration and a 6-hour day between 6 a.m. and 8 p.m. The employer is also under the obligation to promote and facilitate the education of his young domestic workers and register these workers under the social security scheme. Moreover, the wage paid must not be below the wage set by the National Minimum Wage Committee. The Act also provides for joint periodic inspections of the employer by the labour inspectorate and the Ministry of Family, Adolescence and Childhood. The Committee requests the Government to provide information on the application of the Act No. 666 on domestic work in practice, including any difficulties encountered and, in particular, statistics on the inspections carried out, violations reported, administrative sanctions imposed, any criminal charges laid, prosecutions and penal sanctions imposed.

Article 7, paragraph 2. Effective and time-bound measures. Clause (b).Assistance for the removal of children from the worst forms of child labour. Commercial sexual exploitation. In its previous comments concerning the number of children removed from the sex trade and their rehabilitation and social integration, the Committee noted that, according to the 2007 evaluation reports on the ILO–IPEC regional project on the commercial sexual exploitation of children (the regional project), a greater number of children are being targeted in Nicaragua. Accordingly, 1,720 children should receive direct assistance, of which 580 are in Nicaragua, and 18,000 should receive indirect assistance. The Committee strongly encouraged the Government to continue its efforts to combat commercial sexual exploitation. It requested it to provide information on the implementation of the ILO–IPEC regional project on the commercial sexual exploitation of children and the National Plan to combat commercial sexual exploitation (2003–08), as well as on the number of children who are in practice removed from this worst form of child labour. The Committee also requested the Government to provide information on the economic alternatives envisaged and on the measures taken to ensure the rehabilitation and social integration of children removed from this worst form of child labour.

The Committee notes, among the information available to the ILO, that the general objectives of the National Plan to combat commercial sexual exploitation (2003–08) were: the gradual development of strategies and actions for the prevention and detection of commercial sexual exploitation of children and young persons, as well as for the protection and comprehensive care of victims; the modification of attitudes and values of the population in order to promote the elimination of commercial sexual exploitation of children and young persons; the improvement of access to the judicial system and the facilitation of the filing of complaints; the application of the relevant procedures; prevention; the punishment of those responsible; and the strengthening of the institutions responsible for implementing the plan so that they are in a position to take appropriate measures to achieve their objectives.

The Committee notes that, according to the Technical Progress Report (TPR) of 1 March 2009 on the ILO–IPEC regional project entitled “Contribution to the prevention and elimination of commercial sexual exploitation of children in Central America, Panama and the Dominican Republic”, a total of 320 children were removed or prevented from becoming engaged in the worst forms of child labour, such as trafficking and commercial sexual exploitation, through the provision of educational services and training opportunities between September 2008 and February 2009, including 51 children in Nicaragua. It also notes that, during the same period, a further 87 children were removed or prevented from becoming engaged in the same worst forms of child labour, through the provision of services unrelated to education, including 14 children in Nicaragua.

The Committee also notes with interest that the Programa Amor (Government programme which since October 2008 has had the functions of the National Council for the Comprehensive Protection of Childhood and Adolescence (CONAPINA) and which, as a result, is now responsible for monitoring the national policy and the National Plan to combat commercial sexual exploitation) aims to restore the rights of 25,000 street children and young persons, who are very vulnerable to commercial sexual exploitation, and that the Government has set the objectives of integrating all children into the education system and ensuring that they receive social benefits by 2011.

The Committee also notes that programmes such as the “Zero interest” programme and the “Zero hunger” programme, implemented in the context of the Programa Amor, also constitute Government efforts to help the most vulnerable families. The “Zero interest” programme is designed to help and benefit thousands of women who are unable to obtain credit from the private financial system to strengthen their small enterprises, while the “Zero hunger” programme is a proposal for the provision of ecologically friendly agricultural technologies for poor rural families which can be turned into capital, but also a proposal for assistance and support in organizing their production activities.

The Government also points out in its report that one of the actions aimed at protecting working children and young persons is the amendment of the technical inspection guide with regard to the inspection of work carried out by children and young persons. It also indicates that the Ministry of Labour has implemented programmes of special inspections targeting 101 night clubs, massage centres, restaurants, hotels and snooker halls in markets in the Departments of Managua and Río San Juan, and that fines have been imposed on eight enterprises for obstructing the work of labour inspectors. The Government also indicates that statistics on child labour and the worst forms of child labour are gathered and dealt with in a manner that enables the Ministry of Labour to apply the necessary corrective measures. It also notes that issues relating to child labour and its gradual elimination are included in the Decent Work Programme, although they still come under the ILO–IPEC programme. The Committee requests the Government to continue providing information on any other measures implemented under the ILO–IPEC regional project on the commercial sexual exploitation of children and the Programa Amor and on the results achieved. It also requests it to provide information on the number of children who have benefited from rehabilitation and social integration, following their removal from the worst forms of child labour.

Child labour in agriculture. In its previous comments, the Committee noted that Nicaragua had signed a memorandum of understanding with the
ILO–IPEC for the elimination of the worst forms of child labour, particularly in the agricultural sector. It requested the Government to take effective and time‑bound measures to prevent children from being engaged in hazardous types of work in the agricultural sector and to provide information on the number of children who are in practice removed from this worst form of child labour. It also requested the Government to provide information on the economic alternatives envisaged, as well as on the measures taken to ensure the rehabilitation and social integration of children removed from this worst form of child labour. Noting that no information has been provided by the Government concerning other measures aimed at eliminating, in practice, child labour in agriculture, or on the number of children who are in practice removed from this worst form of child labour, the Committee requests the Government to provide this information in its next report.

Article 8. International cooperation. Commercial sexual exploitation. In its previous comments, the Committee noted that the ILO–IPEC regional project on the commercial sexual exploitation of children envisages the strengthening of horizontal collaboration between participating countries. The Committee was of the view that international cooperation between law enforcement agencies is indispensable to prevent and eliminate commercial sexual exploitation, through the collection and exchange of information and assistance with a view to detecting, prosecuting and convicting the individuals involved and repatriating the victims. The Committee requested the Government to provide information on the measures taken in the context of the implementation of the ILO–IPEC regional project on the commercial sexual exploitation of children with a view to cooperating with the countries participating in the project and thereby strengthening security measures so as to bring an end to this worst form of child labour. Noting that the Government has not replied to its request for information, the Committee once again requests it to provide information on any measures implemented in the context of the ILO–IPEC regional project on the commercial sexual exploitation of children relating to cooperation with other beneficiary countries with a view to strengthening security measures so as to bring an end to this worst form of child labour and on the results achieved.

Protocol respecting the repatriation of child victims of trafficking. The Committee previously noted the Protocol respecting repatriation procedures for children and young persons who are victims of trafficking (Protocol) adopted by the Ministry of the National Coalition to Combat the Trafficking of Persons. It also noted that, under section 2 of the Protocol, its objective is to establish interinstitutional coordination mechanisms to offer special protection to child victims of trafficking and to facilitate their repatriation. The Committee also noted that the Protocol applies to both Nicaraguan child victims of trafficking abroad and to foreign victims of trafficking to Nicaragua. The Committee requested it to provide information on the implementation of the Protocol by indicating, in particular, the number of Nicaraguan and foreign child victims of this worst form of child labour who have been repatriated. Noting that the Government has not provided the information requested, the Committee once again requests it to provide information on any measures implemented under the above Protocol with a view to providing special protection for child victims of trafficking and facilitating their repatriation, and statistics on the number of children repatriated.

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

Direct Request (CEACR) - adopted 2008, published 98th ILC session (2009)

Article 3 of the Convention. Worst forms of child labour. Clauses (a) and (b). Sale and trafficking of children and the use, procuring or offering of a child for the production of pornography or for pornographic performances. In its previous comments, the Committee noted that the national legislation does not contain provisions prohibiting the sale or trafficking of young persons under 18 years of age for economic exploitation. It also noted that section 67 of the Code of Children and Young Persons only prohibits public agencies, media owners and their workers from using young persons for child pornography, whereas Article 3(b) of the Convention requires the prohibition of the procuring or offering of young persons under 18 years of age for the production of pornography or for pornographic performances. The Committee noted the Government’s indication that a draft amendment to the Penal Code was currently being formulated with a view to giving full effect to Convention No. 182. It requested the Government to provide information on any progress achieved in this respect.

The Committee notes the information provided by the Government that the draft amendment to the Penal Code will be transmitted to the Office once it has been adopted by the National Assembly. It notes that, according to the information contained in the 2007 activity reports on the ILO/IPEC regional project entitled “Contribution to the prevention and elimination of the commercial sexual exploitation of children in Central America, Panama and the Dominican Republic” (ILO/IPEC regional project on the commercial sexual exploitation of children), the internal and trans-border sale and trafficking of children exists in Nicaragua. Moreover, children are used for the production of pornography for distribution on the Internet. In view of this information, the Committee expresses the strong hope that the draft amendment to the Penal Code will be adopted in the near future and that it gives effect to Article 3(a) and (b) of the Convention. It requests the Government to provide a copy of the amended Penal Code after its adoption.

Article 3(d). 1. Hazardous work in agriculture. The Committee notes with interest the adoption of Ministerial Agreement No. VGC-AM-0020-10-06 of 14 November 2006 respecting the list of hazardous types of work applicable for Nicaragua, which was formulated in consultation with employers’ and workers’ organizations and civil society and contains a detailed list of the types of hazardous work that are prohibited for young persons under 18 years of age. It notes that, according to the statistics available to the Office, 60 per cent of children who work in Nicaragua are engaged in the agricultural sector, which is a branch of economic activity in which the working conditions may be hazardous for young persons under 18 years of age. The Committee notes that the list of hazardous types of work prohibited for young persons under 18 years of age set out in the Ministerial Agreement of 14 November 2006 includes types of hazardous work in agriculture. In view of these statistics, the Committee urges the Government to take the necessary measures on an urgent basis to ensure that no young person under 18 years of age is engaged in the worst forms of child labour, that those responsible for availing themselves of such labour are prosecuted and that effective and dissuasive penalties are applied. It also requests the Government to provide information on the effect given in practice to Ministerial Agreement No. VGC-AM-0020-10-06 of 14 November 2006, including statistics on the number and nature of the contraventions reported, investigations conducted, prosecutions, convictions and penal sanctions applied.

2. Domestic work. With reference to its previous comments, the Committee takes due note of the information provided by the Government that a draft amendment is being formulated to the provisions respecting special conditions of work contained in Title VIII of the Labour Code, including domestic work, and that greater attention will be paid to girls engaged in domestic work. The Committee notes that children, and particularly young girls, engaged in domestic work are often victims of exploitation, which takes widely varying forms, and that it is difficult to monitor their conditions of employment. It therefore encourages the Government to continue its efforts to ensure that young persons under 18 years of age, and particularly young girls, who are engaged in domestic service do not perform hazardous types of work. The Committee hopes that the preparatory work on the draft amendment to Title VIII of the Labour Code will be completed in the near future and that measures will be taken for its adoption very soon. It requests the Government to provide information on any progress achieved in this effect.

Article 7, paragraph 2. Effective and time-bound measures. The Committee takes note of the information provided by the Government on the results achieved through the implementation, by the National Commission for the Progressive Elimination of Child Labour and the Protection of Young Workers (CNEPTI) in collaboration with ILO/IPEC, of programmes of action in agriculture, the coffee harvest, rubbish dumps and public spaces, mines and quarries, domestic service and commercial sexual exploitation. Over 32,000 children and young workers have received direct assistance, of whom 80 per cent have stopped working and have been integrated into school, educational activities or vocational training. Moreover, 73,000 children between 5 and 17 years of age have been prevented from entering the labour market at an early age.

Clause (a). Preventing children from being engaged in the worst forms of child labour. Access to free basic education. In its previous comments, the Committee, noting the measures taken in the context of the National Education Plan (2001–15) to improve access to education, recalled 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 do not attend school for reasons which include the lack of resources allocated to this sector. It requested the Government to take measures to improve the school system. The Committee notes that, according to the statistics of the UNESCO Institute for Statistics, 86 per cent of girls and 88 per cent of boys attend primary school, compared with 46 per cent of girls and 40 per cent of boys for secondary school. It also notes that, according to the final evaluation report on the Strategic National Plan for the Prevention and Elimination of Child Labour and the Protection of Young Workers 2001–05 (Strategic Plan 2001–05), a special plan for the enrolment of children in school resulted in the re-enrolment of over 3,455 boys and 2,742 girls in primary school in 2005 and over 50,000 children in 2006. However, despite the efforts made by the Government, the Committee expresses concern at the low school attendance rates, particularly for secondary school. Considering that education contributes to preventing the engagement of children in the worst forms of child labour, the Committee strongly encourages the Government to redouble its efforts to improve the functioning of the education system, particularly by increasing school enrolment rates in secondary school and reducing the school drop-out rate. It requests the Government to provide information on the results achieved.

Clause (b). Assistance for the removal of children from the worst forms of child labour. 1. Commercial sexual exploitation. In its previous comments, the Committee noted that information on the measures adopted by the Government in the context of the implementation of the National Plan to Combat the Commercial Sexual Exploitation of Girls, Boys and Young Persons (2003–08) (National Plan to Combat Commercial Sexual Exploitation – 2003–08), and particularly the number of children removed from the sex trade and their rehabilitation and social integration. The Committee notes that, according to the 2007 evaluation reports on the ILO/IPEC regional project on the commercial sexual exploitation of children, a greater number of children are being targeted in Nicaragua. Accordingly, 1,720 children should receive direct assistance, of which 580 are in Nicaragua, and 18,000 should receive indirect assistance. The Committee strongly encourages the Government to pursue its efforts to combat commercial sexual exploitation. It requests it to provide information on the implementation of the ILO/IPEC regional project on the commercial sexual exploitation of children and the National Plan to Combat Commercial Sexual Exploitation (2003–08), as well as on the number of children who are in practice removed from this worst form of child labour. Furthermore, the Committee requests the Government to provide information on the economic alternatives envisaged and on the measures taken to ensure the rehabilitation and social integration of children removed from this worst form of child labour.

2. Child labour in agriculture. With reference to its previous comments, the Committee notes that, according to the information available to the Office, Nicaragua has signed a memorandum of understanding with ILO/IPEC for the elimination of the worst forms of child labour, particularly in the agricultural sector. The Committee requests the Government to take effective and time-bound measures to protect children against being engaged in hazardous types of work in the agricultural sector and to provide information on the number of children who are in practice removed from this worst form of child labour. It also requests the Government to provide information on the economic alternatives envisaged and on the measures adopted to ensure the rehabilitation and social integration of children removed from this worst form of child labour.

Article 8. International cooperation. 1. Commercial sexual exploitation. The Committee notes that the ILO/IPEC regional project on the commercial sexual exploitation of children envisages the strengthening of horizontal collaboration between participating countries. The Committee is of the view that international cooperation between law enforcement agencies is indispensable to prevent and eliminate commercial sexual exploitation, through the collection and exchange of information and through assistance to detect, prosecute and convict the individuals involved and to repatriate victims. The Committee requests the Government to provide information on the measures that are taken in the context of the implementation of the ILO/IPEC regional project on the commercial sexual exploitation of children with a view to cooperating with the countries participating in the project and thereby reinforcing security measures so as to bring an end to this worst form of child labour.

2. Protocol respecting the repatriation of child victims of trafficking. The Committee takes due note of the Protocol respecting repatriation procedures for boys, girls and young persons who are victims of trafficking (Protocol respecting repatriation procedures for victims of trafficking) adopted by the Ministry of the National Coalition to combat the Trafficking of Persons. It notes that, under section 2 of the Protocol, its objective is to establish inter-institutional coordination mechanisms to offer special protection to child victims of trafficking and to facilitate their repatriation. The Committee also notes that the Protocol respecting repatriation procedures for victims of trafficking applies to both Nicaraguan child victims of trafficking abroad and to foreign victims of trafficking to Nicaragua. The Committee requests the Government to provide information on the effect given to the Protocol respecting repatriation procedures for victims of trafficking, with an indication of the number of Nicaraguan and foreign child victims of this worst form of child labour who have been repatriated.

Parts IV and V of the report form. Application of the Convention in practice. With reference to its previous comments, the Committee notes that, according to the national study on child labour of 2005 (ENTIA, 2005), 239,220 children between 5–17 years of age are engaged in work in the country. It notes with interest that, according to the final evaluation report of the Strategic National Plan 2001–05 of October 2006, child labour has decreased by around 6 per cent since 2000. According to the final evaluation report, 14,075 children have benefited from programmes of action on the worst forms of child labour implemented in the country by ILO/IPEC . The Committee also notes the statistics on the inspections carried out in relation to the elimination of child labour and the protection of young persons, as communicated by the Government in its report. It further notes that the Office of the Public Prosecutor has adopted a policy of priority criminal prosecution with special emphasis on the trafficking of persons. According to the Government’s indications, this policy is implemented by the unit specializing in gender issues in the department of Managua and, in the rest of the country, by the Office of the Public Prosecutor. The Committee requests the Government to provide information on the implementation of the policy of priority criminal prosecution, particularly with regard to the sale and trafficking of young persons under 18 years of age. It also 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, the penal sanctions applied, etc. To the extent possible, all information provided should be disaggregated by the type of worst form of child labour and by sex.

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.

Direct Request (CEACR) - adopted 2004, published 93rd ILC session (2005)

The Committee notes the Government’s first and second reports and requests it to provide information on the following points.

Article 1 of the Convention. Measures adopted to secure the prohibition and elimination of the worst forms of child labour. The Committee notes with interest that Nicaragua signed a new Memorandum of Understanding (MOU) with ILO/IPEC on 15 May 2002, thereby reaffirming its commitment to the elimination of child labour, with emphasis on its worst forms.

Article 3. Worst forms of child labour. (a). 1. Sale and trafficking of children. Under section 203 of the Penal Code, any person is guilty of the offence of trafficking who recruits or otherwise enlists individuals with their consent, or by means of threats, deceit or other similar forms of subterfuge, for the purposes of prostitution, either within or outside Nicaragua, or who brings persons into the country for this purpose. Under section 552 of the Penal Code, any person commits the offence of the "white slave trade" who engages in the international trafficking of women or children for the purposes of prostitution or commercial sex work. While noting that sections 203 and 552 of the Penal Code concern the sale and trafficking of persons for the purposes of sexual exploitation, the Committee reminds the Government that Article 3(a) of the Convention also covers the sale and trafficking of young persons under 18 years of age for the purposes of economic exploitation. It notes that the national legislation does not appear to contain provisions prohibiting this form of exploitation. It therefore requests the Government to provide information on the measures adopted or envisaged to secure the prohibition of the sale and trafficking of young persons under 18 years of age for the purposes of economic exploitation. The Committee also requests the Government to indicate the age limits defining the term "child" used in section 552 of the Penal Code.

2. Debt bondage, serfdom and forced or compulsory labour. Under article 40 of the Constitution, no one may be subjected to servitude. Slavery and trafficking, of any nature whatsoever, are prohibited in all their forms.

3. Forced or compulsory recruitment of children for use in armed conflict. Under article 96 of the Constitution, military service is not compulsory and forced recruitment into the army of Nicaragua is prohibited in all its forms. Under section 79 of the Code of Childhood and Adolescence of 1998, any person found to be responsible for inciting girls, boys and young persons to participate in armed conflict or activities of any nature whatsoever is liable to penal sanctions.

Clause (b) 1. Use, procuring or offering of a child for prostitution. Under section 202 of the Penal Code, the crime of procuring or pimping is committed by any person who: (i) establishes or exploits premises for prostitution or, with a view to profit, makes use of physical or moral violence, abuses her or his authority or position, in a fraudulent manner or by means of any similar subterfuge, so that an individual is engaged in a place of prostitution or obliged to remain there, or to oblige her or him to engage, in any manner whatsoever, in any other form of commercial sexual activities; (ii) with a view to profit or to satisfy the needs of another person, encourages, facilitates or promotes prostitution. Section 67 of the Code of Childhood and Adolescence of 1998 prohibits publicity agencies and media owners, and their workers, from disseminating publicity messages of a commercial, political or other nature making use of girls, boys and young persons, through any medium of social communication whatsoever, to promote prostitution.

2. Use, procuring or offering of a child for the production of pornography or for pornographic performances. Section 67 of the Code of Childhood and Adolescence of 1998 prohibits publicity agencies, media owners and their workers from disseminating publicity of a commercial, political or other nature which makes use of girls, boys and young persons through any medium of social communication whatsoever, to promote child pornography. The Committee notes that section 67 of the Code of Childhood and Adolescence only prohibits publicity agencies, media owners and their workers from using young persons for the purposes of child pornography. The Committee reminds the Government that the prohibition contained in Article 3(b) of the Convention, namely upon the use, procuring or offering of a young person under 18 years of age for the production of pornography or for pornographic performances, covers what is considered to be one of the worst forms of child labour, which is prohibited for all persons. The Committee therefore requests the Government to indicate the measures adopted or envisaged with a view to the prohibition of the use, procuring or offering by anyone of a young person under 18 years of age for the production of pornography or for pornographic performances, in accordance with Article 3(c) of the Convention, and to adopt appropriate sanctions.

Clause (c). Use, procuring or offering of a child for illicit activities. The Committee notes that, under section 71 of Act No. 285 respecting narcotic, psychotropic and other controlled substances, the act of: (a) inciting or exerting pressure on a young person to commit an offence set out in the law; (b) using a young person to commit an offence; or (e) taking advantage of the situation of being an elder relative or of the authority exercised over a young person, all constitute aggravating factors in the determination of penalties. The Committee notes that the offences defined by Act No. 285 include: the internal or international trafficking of drugs (sections 51 and 52), the production of drugs (section 53), the illegal transport of drugs (section 54), the cultivation of drugs (section 55), the storage of drugs (section 56), the production or trafficking of chemical substances (section 57) and the laundering of money (sections 61 and 62).

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. The Committee notes that under section 133 of the Labour Code, in conjunction with section 136, it is prohibited to cause young persons, girls and boys under 18 years of age to perform types of work which are unhealthy and involve risks for their morals. The Committee also notes that section 74 of the Code of Childhood and Adolescence of 1998 prohibits the performance by young persons (persons of between 13 and 18 years of age) of types of work which are unhealthy or imperil their life, health and physical and moral integrity. Section 133 of the Labour Code and section 74 of the Code of Childhood and Adolescence of 1998 specify certain activities considered to be hazardous, such as work in mines, underground work, the removal of rubbish, work in places of nocturnal entertainment, work involving the handling of toxic objects and substances, and those involving night work in general. The Committee also notes that, under section 16 of the Ministerial Decision respecting health and safety with regard to the maximum weight which may be carried by a worker, of 22 February 2002, young persons under 18 years of age may not be engaged in the manual transport of a load which requires physical effort, nor in work for which the psycho-physical power required is in excess of their strength. Finally, under section 78 of the Ministerial Decision respecting occupational health at the workplace, of 28 July 2000, it is prohibited to cause children and young persons to perform types of work exposing them to chemical, physical and biological pollutants.

The Committee notes the information provided by the Government in its report that the elimination of the worst forms of child labour is one of the priorities set forth in the National Strategic Plan for the progressive elimination of child labour and the protection of young workers (2001-05). It also notes that the Government undertook, when engaged in consultations in the country with a view to the development of the strategic plan, a preliminary identification of activities which, by their nature or the circumstances in which they are carried out, are likely to harm the health, safety or morals of children. The following activities have been identified as a preliminary step: work in rubbish dumps, streets, public spaces, small, medium and large enterprises and agriculture, as well as in the mining, fishing and shellfish sectors, and at the frontiers of the country. The Committee requests the Government to provide a detailed list of activities considered to constitute the newly determined hazardous forms of work.

Article 4, paragraph 2. Identification of where the types of hazardous work exist. The Committee notes that, in addition to the preliminary identification of activities which, by their nature or the circumstances in which they are carried out, are likely to harm the health, safety or morals of young persons, the Government has undertaken the identification in geographical terms of these types of activities.

Article 5. Mechanisms to monitor the implementation of the provisions giving effect to the Convention. The Committee notes that the National Commission for the Progressive Elimination of Child Labour and the Protection of Young Workers (CNEPTI) is the institution which ensures the enforcement of the national and international laws and standards ratified by Nicaragua relating to the prevention and elimination of child labour and the protection of young workers. The Committee also notes that the CNEPTI is composed of the following institutions: the First Lady of the Republic, the Ministry of Labour, the Ministry of Education, Culture and Sports, the Ministry of Health, the Ministry of the Family, the National Council for Integral Care and Protection of Childhood and Adolescence (CONAPINA), the Nicaraguan Institute of Municipal Authorities, the Nicaraguan Institute of Small and Medium-sized Enterprises, the National Institute of Technology, the Nicaraguan Institute for Women, the Special Ombudsperson for Human Rights and the Rights of Children and Young Persons, two representatives of the Higher Council of Private Enterprise (COSEP), three representatives of workers’ organizations and two representatives of NGOs. In addition, UNICEF, ILO/IPEC and an NGO (Save the Children) participate in the activities of the CNEPTI. The CNEPTI is responsible for the implementation of the National Strategic Plan for the progressive elimination of child labour and the protection of young workers (2001-05). The Strategic Plan forms part of a process of the development of a specific public policy for the prevention and elimination of child labour and the protection of young workers. The persons targeted by the plan are girls, boys and young persons performing work determined to constitute the worst forms of child labour and which are prejudicial to their dignity and moral development. Priority is also given to extremely poor families. The Committee requests the Government to provide information on the activities of the CNEPTI, on the mechanisms established in practice for the implementation of the National Strategic Plan and the results achieved.

Article 6. Programmes of action to eliminate the worst forms of child labour. The Committee notes the Government’s information that social and economic policies targeted at the prevention and elimination of child labour and the protection of young workers, in conformity with the National Policy for integral action covering childhood and adolescence, have been formulated with the participation of the various government institutions, employers’ and workers’ organizations and other groups concerned. The Committee also notes that, in the context of these social and economic policies, a Public policy against the commercial sexual exploitation of girls, boys and young persons, and a National Strategy and Plan on Education have been developed. Furthermore, it notes that a series of activities on the theme of the prevention and elimination of child labour have been undertaken by the National Commission for the Progressive Elimination of Child Labour and the Protection of Young Persons (CNEPTI), in collaboration with ILO/IPEC and other institutions.

Article 7, paragraph 1. Penalties. Under section 203 of the Penal Code, any person who commits the crime of the trafficking of persons is liable to a sentence of imprisonment of four years. Under section 552 of the Penal Code, any person found guilty of committing the crime of trafficking for prostitution is liable to a sentence of imprisonment of from three to five years. Section 79 of the Code of Childhood and Adolescence of 1998 provides that persons found responsible for inciting girls, boys and young persons to participate in conflicts or armed acts are liable to penal sanctions. In accordance with section 202 of the Penal Code, any person who commits the offence of procuring or pimping is liable to a sentence of imprisonment of from three to six years. By virtue of Act No. 285 on narcotic, psychotropic and other controlled substances, fines and sentences of imprisonment are envisaged for violations of the various crimes set out in the Act. The fines vary between 1 and 5 million cordobas and sentences of imprisonment vary between five and 20 years. Under section 135 of the Labour Code, violations of the labour rights of girls, boys and young persons shall be punished by a fine of between 500 and 5,000 cordobas. The Committee requests the Government to provide information on the application of these penalties in practice.

Article 7, paragraph 2. Effective and time-bound measures. The Committee notes that the National Strategic Plan for the progressive elimination of child labour and the protection of young persons (2001-05)places emphasises on the three following areas: education, health and the family. It requests the Government to provide information on the implementation of the National Strategic Plan for the progressive elimination of child labour and the protection of young workersand the results achieved.

Clause (a). Prevent children from being engaged in the worst forms of child labour. The Committee notes that the Strategic Plan is intended to: contribute to the development of a national inter-sectoral policy for the prevention and elimination of child labour and the protection of young workers; give priority to the elimination of the worst forms of child labour and contribute to its prevention; and eliminate child labour through the adoption of preventive measures in the fields of health and education, with these measures also applying to parents. The Committee requests the Government to provide information on the measures adopted in the context of the Strategic Plan which prevent children from being engaged in the worst forms of child labour.

Clause (b). Assistance for the removal of children from the worst forms of child labour. The Committee notes that the National Strategic Plan envisages the removal from work of at least 70 per cent of girls, boys and young persons engaged in the worst forms of child labour. The Plan also envisages the prevention of work by girls, boys and young persons in the five biggest rubbish dumps in the country and, at the very least, the removal from their work of 85 per cent of the boys and girls working there. The Committee also notes the Government’s collaboration with ILO/IPEC in the context of various direct action programmes, namely: the Programme for the immediate elimination of child labour in the collection of rubbish in the Department of Managua; the Programme for the prevention and elimination of child labour in the coffee industry in the Departments of Jinotega and Matagalpa; and the Programme for the prevention and elimination of child labour in agricultural work, such as rice, bean and maize growing, in the Department of Chontales. The Committee notes that, on the basis of these programmes, the Government hopes to remove 9,115 girls, boys and young persons from work in 2005. Of these, 3,258 will be withdrawn with a view to preventing their entry into the labour market at a young age and 5,237 will be withdrawn and reintegrated into the school system. The Committee requests the Government to provide information on the results achieved, particularly with regard to the number of children actually withdrawn from the worst forms of child labour.

Clause (c). Access to free basic education. Under section 43 of the Code of Childhood and Adolescence of 1998, public education is free and compulsory. The Committee notes that the National Strategic Plan envisages securing free access to primary education for 100 per cent of girls, boys and young workers who are not attending school. It also envisages increasing access to secondary and technical education to at least 50 per cent of young persons who are engaged in the worst forms of child labour. The Committee requests the Government to provide information on the results achieved.

Clause (d). Identification of children at special risk. The Committee notes that the National Plan against the commercial sexual exploitation of girls, boys and young persons (2003-08) includes a series of actions to prevent, detect and penalize acts relating to the sexual exploitation of girls, boys and young persons. The National Plan emphasizes the following forms of sexual exploitation: prostitution, pornography, sexual tourism and the trafficking of boys and girls for sexual purposes. The Committee requests the Government to continue providing information on the National Plan against the commercial sexual exploitation of girls, boys and young persons, and particularly on the number of children removed from the sex trade and their rehabilitation and social integration.

Clause (e). Special situation of girls. The Committee notes that section 59 of the Code of Childhood and Adolescence provides that the State is under the obligation, in the context of the implementation of the National Policy of integrated action for children and young persons, to promote the role of girls so as to facilitate the development of their personal identity and dignity and integrate them fully under equal conditions with boys.

The Committee also notes that the Government, in the context of the subregional project "Preventing and eliminating the worst forms of domestic work by children in Central America and Nicaragua", is conducting a study on domestic work by children with a view to identifying its characteristics and scope. According to this study, entitled "Domestic work by children in Nicaragua" undertaken in 2002, over 200,000 girls, boys and young persons engaged in domestic work are the victims of exploitative conditions, do not attend school and are exposed to hazardous products and tools. Of this number (200,000), 90 per cent are girls. They begin working between 8 and 12 years of age and their responsibilities are equivalent to or greater than those of adults. The Committee requests the Government to provide information on the time-bound measures adopted or envisaged to secure the protection of girls engaged in domestic work against the worst forms of child labour.

Article 7, paragraph 3. Designation of the competent authority responsible for the implementation of the provisions giving effect to the Convention. The Committee notes the Government’s indication that the competent authorities responsible for the implementation of the provisions giving effect to the Convention are, with regard to the Labour Code, courts of appeal, labour judges and the Ministry of Labour. The Government adds that the Directorate of Labour Inspection for Young Persons, coordinated by the Ministry of Labour, is responsible for dealing with denunciations relating to child labour, verifying the application of the legislation governing labour relations and occupational health and safety conditions in workplaces or work centres, and reporting violations of the provisions of the law respecting child labour. The Government also indicates that, with a view to strengthening the labour inspection services, inspectors have received training and, so that they can fulfil their duties more effectively, the necessary material resources and supporting measures have been placed at their disposal. A specific methodological approach to child labour has been developed with a view to carrying out repeated inspections, giving priority to the agricultural sector. The Committee requests the Government to provide information on the inspections carried out by the labour inspection services relating to the worst forms of child labour, including copies and extracts of the reports of the labour inspectorate.

Article 8. Enhanced international cooperation and/or assistance. The Committee notes that one of the social and economic policies developed in the context of the National Policy for integrated action covering childhood and adolescence is the reinforced strategy for economic growth and poverty reduction (ERCERP). According to the information available to the ILO, Nicaragua has established a new cooperation programme with UNICEF (2002-2006), the objective of which is to prevent and eliminate child labour. The strategy of this programme is to reduce the participation rate in work of girls, boys and young persons through education. The Committee also notes that Nicaragua is a member of Interpol, the organization which assists cooperation between the countries of the various regions, particularly to combat the trafficking of children. The Committee requests the Government to provide information on the reinforced strategy of economic growth and poverty reduction (ERCERP), particularly in so far as it contributes to the elimination of the worst forms of child labour. It also encourages the Government to continue providing information on enhanced international cooperation and assistance, including support for social and economic development, poverty eradication programmes and universal education.

Parts IV and V of the report form. Application of the Convention in practice. The Committee notes the statistical data on the worst forms of child labour supplied by the Government in its report. It notes that, according to these data, the activities in which the largest number of young workers are to be found are the agricultural, forestry and fishing sectors, with a total of 253,057 girls, boys and young persons. Another sector in which a large number of young workers are engaged is that of mines and quarries, with around 140,332 girls, boys and young workers aged between 5 and 17 years. Furthermore, according to these data, the manufacturing industry employs around 501 young persons. The Committee notes the national report on work by children and young persons in Nicaragua of 2000 (ENTIA), prepared in collaboration with ILO/IPEC. It notes that this report contains data which are also worrying: 44 per cent of boys and girls who work are under the minimum age for admission to employment; 13.5 per cent of young workers are under 10 years of age; while 71.5 per cent of young workers are boys and 28.5 per cent girls.

The Committee expresses concern at the situation of children in Nicaragua who have to engage in the worst forms of child labour. It therefore urges the Government to renew its efforts to improve this situation. It also calls upon 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 sentences. To the extent possible, all information provided should be disaggregated by sex.