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Repetition The Committee recalls that Nicaragua has ratified the Conventions relating to social security protection in the event of occupational accidents and illnesses (Conventions Nos 12, 17 and 18) and protection in the event of illness (Conventions Nos 24 and 25). In view of the fact that, according to the information contained in the Government’s reports, the problems raised by the application of these Conventions are essentially of the same kind, the Committee has seen fit to formulate a general comment concerning all the social security Conventions ratified by Nicaragua. In its previous comments concerning all the abovementioned Conventions, the Committee emphasized the need to extend the coverage provided by the social security system, the total number of persons affiliated to which represented some 18 per cent of the population in 2008. With this in mind, the Government indicates a progressive extension of the coverage provided by the social security system launched in 2007, which forms part of five strategic components of social security policy including, inter alia, stabilization of administrative costs, strengthening of controls connected with the effective collection of contributions, performance of actuarial studies in relation to decision-making and stimulating investment. As a result of these measures, coverage provided by the system increased by 27 per cent between 2007 and 2011. As regards protection against occupational risks, the statistics provided by the Government in its report on Convention No. 17 show that, between 2007 and 2011, the number of protected employees and apprentices increased by 24.5 per cent and that 98.4 per cent of workers registered with the Nicaraguan Social Security Institute (INSS) are currently covered against occupational risks. In its reports on Convention No. 12, the Government mentions the conclusion of numerous agreements aiming to extend to the agricultural sector – especially agricultural, fish-farming or stock breeding cooperatives – the protection provided by the system against invalidity, old age, death and occupational risks. These agreements aimed to extend to the whole territory the coverage provided by the social security system, by reducing to ten and then to five the minimum number of employees in enterprises for the purpose of affiliation to the system (Agreement Nos 8 and 9) or by extending social insurance to the agricultural sector (Agreement No. 10). These measures resulted in a 122 per cent increase in the number of agricultural workers protected against occupational risks between 2006 and 2011. As regards sickness insurance coverage, the Government indicates in its report on Convention No. 24 that the INSS has held information days intended for employers and workers concerning the issue of the extension of sickness insurance to all persons covered by the Convention. It also indicates in its report on Convention No. 25 that 56.8 per cent of the 51,451 agricultural workers have sickness and maternity coverage. An agreement was concluded with the Directorate of Cooperation for the Export Processing Zones with a view to promoting affiliation to the social security system for new enterprises. Efforts were made to ensure better coordination between central government and its autonomous entities and thereby achieve a better exchange of information enabling the creation of a register of newly established employers. A plan of action was adopted for 2011, one of the objectives of which is to increase the number of inspections undertaken by the labour inspectorate in order to promote fulfilment by employers of their social security obligations, the Penal Code now explicitly penalizing offences in this area. The Committee requests the Government to provide information on the results of the plan of action and also on progress made with a view to extending coverage of the system to the export processing zones. The Committee notes that the objective of extending the coverage provided by the social security scheme had been also reflected in the inclusion of this priority under the Decent Work Country Programme (DWCP) for 2008–11. According to the DWCP, only about 26 per cent of the economically active population are covered by the INSS, especially because of the size of the informal sector, the fact that protection focuses on workers in the formal sector and the impossibility for the INSS to provide assistance to those in greatest need in the informal sector. In order to rectify this situation, the DWCP provides for the drawing up of actuarial studies and also of long-term reforms sustained on a tripartite basis and aimed at extending the coverage provided by the social security system while observing the principles of solidarity, equity and universality. The Committee notes that the information supplied by the Government shows a positive dynamic in social security necessary for achieving the level of coverage required by Convention No. 12 (Article 1), Convention No. 17 (Article 2), Convention No. 18 (Article 1), Conventions Nos 24 and 25 (Article 2). Furthermore, the Committee notes that the information, especially statistics, at its disposal show that the Government has a system for evaluating progress made on the basis of detailed data. The Committee requests the Government to supply comprehensive statistics in its next report on the current coverage provided by the system by branch in the various sectors of activity (industry, agriculture, informal economy, etc.) in relation to the total number of workers, in accordance with the questions contained in the report forms for the various Conventions concerned. The Government is also requested to send the results of the actuarial studies provided for by the DWCP, indicating the priorities adopted for the progressive extension of the coverage provided by the social security system and also any actions to this end already undertaken in the context of the DWCP. The Committee observes that its comments should be able to help countries in the formulation of an exhaustive national strategy for the development of social security. Nicaragua has already established a national policy whose main priorities coincide with the objectives established in the General Survey, aiming in particular at the extension of coverage, the quest for good governance, the collection of contributions, effective inspection and durable planning, by conducting actuarial studies. The Committee observes that the policy implemented by the Government might benefit from the addition of measures ensuring closer coordination of social security with employment policy, especially with a view to extending coverage to the informal sector, and refers the Government to the relevant developments in this area in the General Survey (paragraphs 496–534). Finally, the Committee considers that the Government’s efforts would be better targeted if its adopted priorities included the objective for the country to match the minimum social security standards established by the up-to-date Conventions in this area and which, to date, have not been ratified by Nicaragua. It recalls that the Government, in its report under article 19 on social security instruments, provided detailed information in the form of a comparative analysis of national law and the Social Security (Minimum Standards) Convention, 1952 (No. 102). The analysis concluded that Nicaragua is in a position to ratify this Convention and to accept Parts III (Sickness benefit), V (Old-age benefit), VI (Employment injury benefit), VIII (Maternity benefit), IX (Invalidity benefit) and X (Survivors’ benefit), with the proviso of having recourse to the possibility allowed by Article 3 of Convention No. 102 to limit, for an initial period, the personal scope of application of the Convention to enterprises that employ more than 20 workers. The Committee considers that the ratification of Convention No. 102 represents a key element for guiding the process of reform by establishing minimum criteria to be achieved on the basis of international standards. The International Labour Conference, at its 100th Session, recalled that Convention No. 102 still serves as a point of reference for the progressive establishment of comprehensive social security coverage and that increasing the number of ratifications remains a key priority. The Committee therefore encourages the Government to pursue the objective of ratification of Convention No. 102 and to consider the possibility of including the ratification of this Convention among the objectives of the next DWCP, which would enable it to mobilize any technical assistance from the Office which it might need. The Committee also hopes that the programme which will cover the next period will maintain and develop the objectives pursued so far, and in so doing will take the present comments into consideration. The Committee requests the Office to ensure the dissemination, through all of its bodies, including regional ones, of the present observation to the various interested parties and to provide them with any technical support needed for this purpose.
In its previous comments, the Committee asked the Government to provide information on the extension of the coverage of the social security system to rural areas, an appreciable reduction having been observed in the number of people affiliated and protected, particularly in the agricultural sector, where the quality of medical services had deteriorated seriously.
In its last report, the Government states that there was a 48 per cent increase in 2005 over 1998 in the number of persons insured against occupational risks. In the agricultural sector more specifically, the number of persons affiliated rose by 23 per cent in the abovementioned period: from 16,211 in 1998 to 19,874 in 2005. The Government again refers to agreements concluded with private and public health-care providers for the supply of health services, and states that a network of providers has been set up specifically to enable the inhabitants of border areas to have access to the best possible health services. However, in some parts of the country there are still technical problems which are an obstacle to the improvement of medical services, but the Nicaraguan Social Security Institute (INSS) is still implementing measures for the improvement of occupational-risk-related medical care in these areas.
The Committee notes this information and would be grateful if the Government would continue to report on the measures implemented – and the results obtained – gradually to extend INSS coverage for occupational risks to all agricultural workers in the country. It would ask the Government in particular to indicate in its next report the percentage of agricultural employees covered for occupational accidents in relation to the total number of agricultural employees.
The Committee further notes that, according to the Government, section 126 (formerly section 103) of the Labour Code of 1996, allowing the courts or the departmental labour inspector to reduce the amount of compensation payable for occupational accidents, applies to all small enterprises and to domestic service. Nevertheless, this provision of the Labour Code applies only where the workers concerned are not covered by the social security system and the employer’s insolvency is duly established before the courts. The Government adds that the extension of the coverage of the social security system to domestic service forms part of a social security promotion programme currently under way. On this subject, the Committee refers the Government to its comments under the Workmen’s Compensation (Accidents) Convention, 1925 (No. 17).
1. With reference to the Committee's earlier comments on the extension of the coverage of the social security system to rural areas, the Government indicates in its report communicated in 1998 that, between 1989 and 1993, the Nicaraguan Institute of Social Security (INSS) observed an appreciable reduction in the number of people affiliated and protected, especially in the agricultural sector where the quality of medical services provided by the Ministry of Health has deteriorated seriously. In 1994, the INSS set up a new social welfare model (for health and occupational risks) and concluded agreements with private and public health care providers to supply health services. Other measures have been carried out, such as the progressive establishment of the new social welfare model in the most isolated areas; the improvement of services provided for injured beneficiaries; the massive dissemination of the information on the rights of insured persons, as well as the establishment of a plan for controlling enterprises and encouraging workers' affiliation.
The Committee notes this information and observes that the various actions undertaken have led to an increase in the insured population in the agricultural sector from 10,395 to 17,960 between 1993 and 1997. In these circumstances, the Committee hopes that the Government will continue to communicate statistical information on the number of agricultural wage earners insured against employment injury as compared with the total number of agricultural wage earners. It also hopes to receive the information on the measures taken with a view to pursuing the extension of INSS cover to rural areas so that all agricultural wage earners benefit in practice from the protection provided by the INSS in the event of employment injuries.
2. The Committee recalls that section 103 of the Labour Code allows judges to reduce the compensation due to the victims of occupational accidents employed in small agricultural enterprises. It therefore requests the Government, once again, to indicate the measures taken with a view to repealing this article so that there is no ambiguity in the legislation and that all agricultural wage earners enjoy the same benefits as those granted to other wage-earners, in accordance with the Convention.
The Committee notes that the Government's report has not been received. It must therefore repeat its previous observation which read as follows:
1. In its previous comments the Committee has requested the Government to provide information on the extension to all agricultural wage-earners of the benefit of the social security laws and regulations which provide for the compensation of workers for personal injury by accident arising out of or in the course of their employment, in accordance with Article 1 of the Convention. In its reply the Government states that at present the social security scheme is applied to all workers employed in the rural areas irrespective of their professional activity. The Committee notes this information. It also notes, according to the Quarterly Statistical Report of the Nicaraguan Institute of Social Security and Welfare (INSSBI) for the second quarter of 1993, supplied by the Government with its report on Convention No. 17, that in practice social security coverage has shown a clear downward trend and that the social security system counted only 10,679 contributors in the rural areas of the country. In this situation the Committee would like the Government to indicate measures taken to extend progressively the coverage of the social security to rural areas, so that all agricultural wage-earners benefit in practice from the protection provided by the social security scheme in case of employment injuries. 2. The Committee notes the Government's statement concerning social security benefits provided for workers in rural areas. It therefore once again hopes that the Government will have no difficulty in repealing section 103 of the Labour Code (which allows judges to reduce the compensation due to workers sustaining occupational injury in small agricultural enterprises) in order to grant all agricultural wage-earners the same benefits as those granted to other wage-earners, in accordance with the Convention.
The Committee hopes that the Government will make every effort to take the necessary action in the very near future.
1. In its previous comments the Committee has requested the Government to provide information on the extension to all agricultural wage-earners of the benefit of the social security laws and regulations which provide for the compensation of workers for personal injury by accident arising out of or in the course of their employment, in accordance with Article 1 of the Convention. In its reply the Government states that at present the social security scheme is applied to all workers employed in the rural areas irrespective of their professional activity. The Committee notes this information. It also notes, according to the Quarterly Statistical Report of the Nicaraguan Institute of Social Security and Welfare (INSSBI) for the second quarter of 1993, supplied by the Government with its report on Convention No. 17, that in practice social security coverage has shown a clear downward trend and that the social security system counted only 10,679 contributors in the rural areas of the country. In this situation the Committee would like the Government to indicate measures taken to extend progressively the coverage of the social security to rural areas, so that all agricultural wage-earners benefit in practice from the protection provided by the social security scheme in case of employment injuries.
2. The Committee notes the Government's statement concerning social security benefits provided for workers in rural areas. It therefore once again hopes that the Government will have no difficulty in repealing section 103 of the Labour Code (which allows judges to reduce the compensation due to workers sustaining occupational injury in small agricultural enterprises) in order to grant all agricultural wage-earners the same benefits as those granted to other wage-earners, in accordance with the Convention.
[The Government is asked to report in detail in 1997.]
1. The Committee takes note of the information supplied by the Government in its reports, to the effect that the Committee's comments will be taken into account in the drafting of the new Labour Code, for which the advice of the ILO was sought. The Committee hopes that the above Code will be adopted shortly and will give effect to the provisions of this Convention, in particular by repealing section 103 of the Labour Code now in force (which allows judges to reduce the compensation due to workers sustaining occupational injury in small agricultural enterprises).
2. The Committee would be grateful if the Government would continue to provide information on the extension to all agricultural workers the benefits provided for in social security laws and regulations which are designed to compensate workers for personal injury by accident arising out of or in the course of their employment, in accordance with Article 1 of the Convention.
l.The Committee would be grateful if the Government would continue to provide information on the extension to all agricultural wage earners of the benefit of the social security laws and regulations which provide for the compensation of workers for personal injury by accident arising out of or in the course of their employment, in accordance with Article l of the Convention. 2.The Committee notes that no decision has yet been taken regarding the draft text prepared in 1981 with the assistance of the Office to repeal section l03 of the Labour Code (under which the judge may reduce the compensation due to injured workmen employed in small agricultural undertakings). The Committee hopes that it will be possible to repeal this provision of the Labour Code in the near future in order to grant agricultural wage earners the same benefits as those granted to other wage earners, in accordance with the Convention.
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