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

Forced Labour Convention, 1930 (No. 29) - Nicaragua (Ratification: 1934)

Other comments on C029

Observation

1994

Direct Request

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Articles 1(1), 2(1) and 25 of the Convention. Trafficking in persons. 1. Legal and institutional framework. The Committee previously welcomed the comprehensive approach towards combating trafficking in persons and requested the Government to accompany the adoption of Act No. 896 of 2015 against trafficking in persons with specific measures to implement its different components. The Committee notes the Government’s indication that between 2019 and 2022 numerous training sessions were held regarding Act No. 896 covering a total of around 475 persons. A total of 18 follow-up and monitoring visits to border posts and tourist areas classified as more vulnerable, as well as campaigns to prevent irregular migration, were carried out. Furthermore, the Committee duly notes the adoption of the Strategic National Plan 2023–27 for the prevention, handling, investigation, prosecution and punishment of the offence of trafficking in persons, which contains four strategic components: (1) strengthening awareness-raising mechanisms for public servants and the general public with a view to preventing the offence of trafficking in persons; (2) strengthening and increasing technical and investigative capacities for prosecution of the offence and the imposition of penalties; (3) preserving and safeguarding the rights of victims and witnesses in judicial proceedings relating to trafficking; and (4) implementation, coordination and monitoring of the National Plan. Regional, departmental and municipal working groups will be established with respect to the implementation of the National Plan. It is also planned to reinforce the single national information registry on trafficking in persons, with work to be coordinated with all institutions tasked with investigations, prosecutions, the imposition of penalties and assistance for victims. The National Anti-Trafficking Coalition as coordinating entity will prepare quarterly evaluation reports on the implementation of the Plan. The Committee encourages the Government to continue taking measures to prevent and combat trafficking in persons, and requests the Government to provide information on the action taken under the four strategic components of the Strategic National Plan 2023–27 for the prevention, handling, investigation, prosecution and punishment of the offence of trafficking in persons, and information on the results of the evaluation of the implementation of the Plan. The Committee also once again requests the Government to provide information on the activities of the National Anti-Trafficking Coalition aimed at coordinating and implementing public policies to combat trafficking in persons.

2. Effective application of the law. The Government states that between 2019 and the first quarter of 2022 a total of eight cases were brought to court, two of which concluded with convictions for the accused, while six cases were still under investigation during the same period. The Committee notes that the objectives of the National Plan include strengthening systems for the registration of complaints, investigations, prosecutions, judicial proceedings and sentences related to trafficking in persons. The Committee requests the Government to continue taking steps to strengthen the capacities of the competent entities with a view to ensuring the effective identification and processing of cases of trafficking in persons for both sexual and labour exploitation. The Committee also requests the Government to provide information on identified cases of trafficking in persons, and also on investigations, prosecutions, convictions and penalties imposed on the basis of section 182 of the Criminal Code, which criminalizes trafficking in persons.

3. Identification of victims and assistance. The Committee notes that the Government refers to the adoption of the National Strategy for comprehensive care and support for trafficking victims in Nicaragua, and also to the Protocol for the repatriation of trafficking victims. Between 2019 and the first quarter of 2022, a total of nine persons benefited from victim care and protection measures, including measures to protect the physical integrity of the victim; medical, legal and psychological assistance; and assistance with basic needs and accommodation for victims and support for their family members. However, the Committee observes that no information has been provided on the total number of trafficking victims registered by the police. The Committee requests the Government to supply up-to-date statistics on the number of victims of trafficking for both sexual and labour exploitation who have been registered, indicating how many of them have benefited from assistance and protection measures. The Committee also requests the Government to provide information on the application of the Protocol for the repatriation of trafficking victims, indicating the number of victims who have been repatriated.