Demande directe (CEACR) - adoptée 2003, publiée 92ème session CIT (2004)

The Committee notes the information contained in the Government’s report.

Part II (Engagement and recruitment of migrant workers), Articles 5 to 19 of the Convention. The Committee requests the Government to provide information on the engagement and recruitment of migrant workers, both national and foreign, and to specify the number of these labour migrants, their working conditions and the types of plantations on which they work.

Part IV (Wages), Articles 24 and 25. With reference to its direct request of 2003 on Convention No. 131, the Committee requests the Government to provide additional information on the manner in which minimum wage standards are applied to plantation workers. The Committee also requests the Government to indicate the number of plantation workers covered by statutory minimum wage rates and the number covered by minimum wage rates determined by collective agreements, and to provide an indication of the impact of minimum wages on workers’ purchasing power in terms of a basic basket of goods. Please also supply reports of labour inspections to enforce minimum wage legislation (violations reported, sanctions imposed, etc.).

Part IV (Wages), Articles 26 to 35. The Committee recalls the comments on Convention No. 95 that it addressed to the Government in 2001 and trusts that the Government will take the necessary steps without delay to bring its legislation into full conformity with the provisions of the Convention.

Part VII (Maternity protection), Articles 46 to 50. Referring to its last observation on Convention No. 3, the Committee requests the Government to provide information on the application in plantations of the Unified National Health Care System, indicating the regions covered and the percentage of plantation workers covered by the system. The Committee also requests the Government to indicate the measures adopted or envisaged to extend the maternity benefits provided by the social security scheme to include all the women workers covered under the Convention.

Part VIII (Workers’ compensation), Articles 51 to 53. The Committee notes that the Government has still not provided information on the number of plantation workers insured against occupational risks. The Committee therefore once again requests the Government to indicate the number of plantation workers insured against occupational risks in relation to the total number of plantation workers and to provide information on the measures adopted or envisaged to ensure that all plantation workers are protected against employment accidents.

Part XI (Labour inspection), Article 74, paragraph 1(c), and Article 84. The Committee notes that, according to the Government, the Regulations of Act No. 290 of 30 October 1998 (published in the Gaceta Oficial No. 205 of 30 October 1998) establishes that the General Directorate of Labour is responsible for "bringing to the notice of the competent authorities defects or abuses not specifically covered by existing legal provisions". The Committee requests the Government to send a copy of these Regulations and of any other legislative instruments relating to the labour inspection services, in particular those that cover plantations. The Committee notes with regret that the Government has not yet sent the statistical information on the inspections carried out in plantations. It trusts that the Government will provide this information in its next report and that it will include reports of the infringements of the provisions on working conditions (especially in matters such as hours of work, wages, health and safety, child labour, etc.) and the sanctions imposed.

Part XII (Housing), Articles 85 to 88. The Committee requests the Government to indicate whether minimum standards and specifications have been laid down in respect of accommodation for plantation workers, and to provide information on the measures adopted or envisaged to encourage the provision of adequate housing accommodation for them. The Committee notes section 186 of the Labour Code which provides that the Ministry of Labour, for each productive cycle and after consulting the competent state bodies and the employers’ and workers’ organizations concerned, shall adopt, at the appropriate time, provisions regulating the work involved in the cultivation of coffee, cotton, sugar cane, tobacco and other agricultural products. It further provides that these provisions shall regulate, as a minimum, categories of workers, hours of work, breaks, weekly rest, holidays, occupational health and safety, duties, wages, meals, housing, transport, education and other aspects of working conditions in rural areas. The Committee requests the Government to send a copy of these provisions when they are adopted.

Part XIII (Medical care), Articles 89 to 91. The Committee requests the Government to indicate the measures adopted or envisaged to encourage the provision of adequate medical services to plantation workers and their families and to provide information on any consultations held in this connection with the social partners. The Committee requests the Government to indicate whether there is any legislation on the use of pesticides and chemicals by agricultural workers, in particular plantation workers, in the light of the health risks involved in the use of these products and the recent compensation claims filed by plantation workers against chemical companies for the excessive use of extremely toxic pesticides.

Part IV of the report form. The Committee requests the Government to supply information that provides an indication of the importance of the plantation sector in the national economy, for example in terms of the gross domestic product, total exports and the economically active population. The Committee also requests the Government to provide general information on how the Convention is applied in practice, including: (i) reports of labour inspections in the plantation sector (violations reported, sanctions applied, etc.); (ii) the types of plantations that exist in Nicaragua and the number of enterprises covered by the Convention; (iii) extracts from official reports on current socio-economic conditions in the plantation sector; (iv) collective agreements applicable to the sector, and any other information allowing the Committee to assess whether plantation workers benefit from the protection afforded by the provisions of the Convention, both in law and in practice.