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

Repetition

Articles 3(a) and (b) and 7(1) of the Convention. Sale and trafficking of children; the use, procuring or offering of a child for prostitution, the production of pornography or pornographic performances, and penalties. In its previous comments, the Committee noted Act No. 641 of 16 November 2007 issuing the new Penal Code, which prohibits and penalizes the sale and trafficking of children; the use, procuring or offering of a child for prostitution; and the production of pornography or pornographic performances. On the basis of the concluding observations of 21 October 2010 on the application of the Optional Protocol to the Convention on the Rights of the Child on the sale of children, child prostitution and child pornography, by the Committee on the Rights of the Child (CRC) (CRC/C/OPSC/NIC/CO/1, paragraphs 21 and 27), the Committee noted that given the extent of trafficking for commercial sexual exploitation and child sex tourism in practice there had been few sentences.

The Committee notes that on 26 January 2012, Act No. 779 on violence against women and law reforms to the Penal Code (Act No. 641) was adopted, amending section 182 of the Penal Code by increasing penalties to 12 to 14 years’ imprisonment in case the victim is a minor under 18 years of age (previously ten to 12 years’ imprisonment). The Committee notes the Government’s indication that the Prosecutor has initiated penal proceedings with regard to 19 offences relating to the sexual liberty of children, 12 offences relating to trafficking for sexual exploitation and six offences concerning pornography and paid sexual acts of minors.

The Committee notes the measures undertaken by the Government to build the capacity of bodies responsible for law enforcement. According to the information provided by the Government in its report, these activities have reached a total of 1,500 officials, including the Department of Immigration and Foreigners, the police, the prosecutor, Nicaraguan consulates in Central American countries and the Ministry of Interior and its delegates in all 17 departments of the country. In addition, special measures have been taken to alert and capacitate border posts. The Committee further notes the Government’s indication that the Prosecutor, the police and the Nicaraguan Institute of Tourism (INTUR) have carried out joint investigations in bars, canteens, night clubs and hotels in border and tourist areas to prevent and detect cases of sexual exploitation of children in order to initiate penal proceedings and direct child victims to specialized shelters. In addition, INTUR has set up an awareness-raising campaign among travel agents and enterprises to prevent child sex tourism.

While noting the Government’s efforts to combat the sale and trafficking of children and the use, procuring or offering of children under 18 years of age for prostitution, the production of pornography or for pornographic performances, the Committee notes that the Government’s report contains no information on the sentences handed down and penalties applied. The Committee, therefore, requests the Government to pursue its efforts to strengthen the capacity of bodies responsible for law enforcement, so as to ensure that thorough investigations are carried out and completed, that perpetrators are effectively prosecuted, and that sufficiently effective and dissuasive sanctions are applied in practice. It reiterates its requests to the Government to provide information on the number of violations reported, investigations held, prosecutions, convictions and penalties applied under Act No. 641 of 16 November 2007 (as amended by Act No. 779 of 26 January 2012).

Article 6. Programmes of action. Trafficking. The Committee previously noted the adoption of the Strategic Plan against Trafficking in Persons (2010–14). The Committee notes that the National Coalition against Trafficking in Persons, which comprised of the police, relevant ministries, the Supreme Court of Justice and civil society and non-governmental organizations, is responsible for implementing the Strategic Plan against Trafficking in Persons. The Strategic Plan focuses on prevention, prosecution, assistance and integration of victims, planning and monitoring. The Committee notes in this regard the capacity building activities of law enforcement officials mentioned above, as well as the capacity building of 2,000 school counsellors and the establishment of working groups on capacity building, assistance to victims, prosecution and regional cooperation. In addition to the awareness-raising activities carried out by INTUR to prevent child sex tourism, the Committee also notes the Government’s indication that large-scale information campaigns have been carried out through magazines, television and by celebrities to fight trafficking in persons. The Committee notes, moreover, the various measures undertaken in this connection to combat sexual violence against children. The Committee requests the Government to continue to provide information on the measures adopted under the Strategic Plan against Trafficking in Persons (2010–14) and on the results obtained in terms of eliminating child trafficking.

Article 7(2). Effective and time-bound measures. Clause (a). Preventing the engagement of children in the worst forms of child labour. Access to free basic education. In its previous comments, the Committee noted the low secondary school attendance ratios and the large number of adolescents outside the school system. It requested the Government to take measures to improve the functioning of the education system, paying particular attention to inequalities in access to education linked to gender and regional disparities.

The Committee notes that according to the statistics available through the UNESCO Institute for Statistics, the percentage of children that attended secondary education in 2010, while an improvement compared to 2009, remains low at 43 per cent for boys and 49 per cent for girls. Yet, the Committee notes the recent efforts undertaken by the Government to improve enrolment ratios; according to the report of June 2012 on the ILO–IPEC project entitled “Eliminating Child Labour in Latin America (Phase IV)”, the Ministry of Education in 2012 enrolled 1,635,000 children and young persons in pre-primary, primary and secondary schools. While noting that the Government’s report contains no information on this point and considering that education contributes to preventing the engagement of children in the worst forms of child labour, the Committee urges the Government to take the necessary measures to improve the functioning of the education system, and requests it to take steps to increase the secondary school attendance and completion rates. The Committee requests the Government to pay particular attention in this regard to inequalities in access to education linked to gender and regional disparities. It also refers on this point, to its comments made under the Minimum Age Convention, 1973 (No. 138), likewise ratified by Nicaragua.

Clause (b). Direct assistance for the removal of children from the worst forms of child labour and for their rehabilitation and social integration. Trafficking and commercial sexual exploitation. In its previous comments, the Committee noted that the Ministry of the Family, Childhood and Adolescence (MIFAN) appeared to be responsible only for the care of child trafficking victims under the age of 13 years. On the basis of the concluding observations of 20 October 2010 of the CRC, the Committee also noted that strengthened efforts were needed to better identify victims of the sale of children, child prostitution and child pornography and to ensure the rehabilitation and social integration of these children through specialized shelters (CRC/C/OPSC/NIC/CO/1, paragraphs 33 and 37).

The Committee notes the adoption of the General Law on Migration and Foreigners Law No. 761 of 31 March 2011, which provides that the authorities should provide special protection to child victims of trafficking (section 220). The Committee notes the Government’s indication in its report that a project is ongoing to construct and equip a shelter and specialized clinic for children and young persons who are victims of trafficking and sexual exploitation. The Committee further notes the Government’s information that 30 child victims of trafficking have been assisted by social programmes of the Government. According to the information provided by the Government, the Supreme Court of Justice through the Institute of Legal Medicine provides assistance to child victims of trafficking up to 14 years of age. In this regard, the Committee points out that, by virtue of Article 2 of the Convention, the protection provided for by Article 7(2)(b) of the Convention covers all persons under the age of 18. The Committee therefore strongly encourages the Government to take effective and time-bound measures to remove all children under 18 from trafficking and commercial sexual exploitation and to rehabilitate and socially integrate them. It also requests the Government to indicate whether the specialized shelter for children has been set up and to provide information on the number of children who have been removed from these worst forms of child labour and who have benefited from rehabilitation and social integration measures.

Clause (d). Children at special risk. Street children. The Committee previously noted that in its concluding observations of 20 October 2010, the CRC expressed concern at the large number of children living in the streets (CRC/C/NIC/CO/4, paragraph 74). The Committee notes that the “Love Programme” is the national strategy for integral assistance to street children providing education to children and vocational training for parents. In this context, the MIFAN, in coordination with other relevant ministries, has strengthened its efforts and benefited 18,380 street children in 2011 (compared to 1,909 children in 2006). In the period 2007–11, a total of 23,555 street children were placed in the education system. Another component of the “Love Programme” have been activities to promote the civil registration of children, as a result of which in the period 2008–11 a total of 96,202 children under 12 years old were registered. Considering the vulnerability of street children, the Committee requests the Government to continue to provide information on the measures taken and results achieved to protect these children from the worst forms of child labour.

Article 8. International cooperation. Protocol on the repatriation of child victims of trafficking. In its previous comments, the Committee noted the adoption of a Protocol on repatriation procedures for children and young persons who are victims of trafficking, the objective of which is to establish mechanisms for coordination between institutions with a view to offering special protection to child victims of trafficking and to facilitate their repatriation.

The Committee notes the Government’s indication in its report as regards the main principles governing the protocol (such as best interests of the child, confidentiality and universality) and the steps to be undertaken to ensure repatriation of children and young persons who are victims of trafficking. The Committee notes, however, that the Government’s report contains no information on the implementation of the Protocol, indicating the number of child victims of this worst form of child labour who have been repatriated. The Committee reiterates its request to the Government to provide information on the results obtained in the implementation of the Protocol on repatriation procedures for children and young persons who are victims of trafficking, indicating the number of child victims of this worst form of child labour who have been repatriated.