Direct Request (CEACR) - adopted 1995, published 83rd ILC session (1996)

1. Article 1(a) and (d) of the Convention. In previous comments, the Committee has referred to a series of provisions in the Penal Code and the Labour Code under which certain activities related to the expression of political opinions and opposition to the established political order are punishable by imprisonment. In its previous direct request, the Committee requested the Government to indicate whether the system of voluntary labour set out in the basic document for penal reeducation (sections 2(c) and 39) was applicable to persons sentenced to penalties of imprisonment.

The Committee notes the information provided by the Government in its report to the effect that the National Assembly adopted the text of the new Labour Code, but that it has not yet come into force as a result of a presidential veto on some of its provisions. The Government states that section 201 of the new Code establishes the voluntary nature of work performed by criminals.

The Committee requests the Government to provide information on the coming into force of the new Labour Code, and particularly on the provisions respecting work in prisons. It also requests it to provide a copy of the above when it has been adopted. The Committee also requests the Government to provide copies of the legislation in force respecting public security and public order.

2. The Committee notes with interest the amendment to Article 96 of the National Constitution which, in its new form, prohibits any form of forced recruitment to the Nicaraguan army and the national police force.