Demande directe (CEACR) - adoptée 2008, publiée 98ème session CIT (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.