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Observation (CEACR) - adopted 2022, published 111st ILC session (2023)

In order to provide an overview of matters relating to the application of the ratified Conventions on social security, the Committee considers it appropriate to examine the application of Conventions Nos 12, 17, 18, 19, 24 and 25 in a single comment.
Article 1 of Conventions Nos 12, 17, 18, 19, 24 and 25. In its previous comments, the Committee emphasized the need to extend the coverage of the social security system and requested the Government to provide information on the progress made in this regard. As the Government’s report does not contain specific information on this subject, the Committee notes the information contained in the Statistical Yearbook 2020, published in February 2021 by the Nicaraguan Social Security Institute (INSS), which shows that the numbers of persons registered with the social security system have fallen constantly since 2016, with a reduction of 27 per cent in the number of insured persons as a proportion of the economically active population and 35 per cent as a proportion of the population that is actually employed. The total number of insured persons fell from 914,196 in 2017 to 714,465 in 2020 (p. 328). The Committee also observes that the proportion of the population covered by sickness insurance has decreased, as has the number of newly insured persons, falling from 124,802 to 59,603 (p. 327). Moreover, according to the continuous household survey, published by the National Development Institute of Nicaragua in April 2021, the informal employment rate was around 45 per cent. The Committee also observes that, according to the ILO Social Protection Platform, in 2021, only 14.5 per cent of the population was effectively covered by at least one social protection benefit.
The Committee expresses concern at the above statistics, which point to a constant reduction in social insurance rates and in the number of persons protected, and an accelerating increase in the informal employment rate. In this regard, the Committee draws the Government’s attention to Article 1 of Conventions Nos 12, 17, 18, 19, 24 and 25, which guarantee the effective coverage and protection of workers and their families in the event of disease and accidents, whether occupational or of any other type. In light of the above, the Committee urges the Government to:
  • -provide comprehensive statistical data on the current coverage of the social security system, disaggregated 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; and
  • -indicate the priorities adopted for the progressive extension of the coverage of the social security system and the measures envisaged or adopted, including in export processing zones and the agricultural sector.
Conclusions and recommendations of the Standards Review Mechanism. The Committee recalls the recommendations of the Tripartite Working Group of the Standards Review Mechanism (SRM), on the basis of which the Governing Body decided that Member States for which Conventions Nos 17, 18, 24 and 25 are still in force should be encouraged to ratify the Employment Injury Benefits Convention, 1964 [Schedule I amended in 1980 (No. 121), and the Social Security (Minimum Standards) Convention, 1952 (No. 102). The Committee encourages the Government to give effect to the decision adopted by the Governing Body at its 328th Session (October-November 2016) and to consider the ratification of the most up-to-date social security instruments.
The Committee recalls that the Government may avail itself of ILO technical assistance in this respect.
[The Government is asked to reply in full to the present comments in 2025.]

Direct Request (CEACR) - adopted 2011, published 101st ILC session (2012)

Article 1 of the Convention. Equality of treatment. Application in practice. The Government indicates that in order to establish entitlement to incapacity pension, the insured persons are requested to present their citizen identity cards (cédula de identidad ciudadana del asegurado y de la esposa o compañera de vida). In accordance with section 1 of the Citizens Identification Act, No. 152 of 1993, the citizen identity cards serve to identify the citizens of Nicaragua for electoral or other purposes. In view of the fact that the Social Security Act and related laws and regulations do not differentiate between national and foreign workers employed in the country, the Government is requested to explain how the above requirement is applied in practice in the case of foreign workers and their dependents. Please also supply a copy of the legal provisions establishing the list of documents to be presented in order to qualify for incapacity pension. The Committee further requests that the Government indicate in detail how the principle of equal treatment is effectively applied in practice to the nationals of all countries that have ratified Convention No. 19.

Direct Request (CEACR) - adopted 1998, published 87th ILC session (1999)

The Committee notes the information provided by the Government in its last report. It would be grateful if the Government would indicate if the compensation payable to workers who suffer industrial accidents or to their dependants under the social insurance system, or as part of the liability of the employer referred to in section 114 of the Labour Code is also guaranteed for persons resident abroad. If that is the case, the Government is asked to indicate the conditions for payment of such compensation, both for its own citizens and for workers from countries that have ratified the Convention and their dependants.

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