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

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

Direct Request (CEACR) - adopted 2018, published 108th ILC session (2019)

Observation (CEACR) - adopted 2018, published 108th ILC session (2019)

Direct Request (CEACR) - adopted 2017, published 107th ILC session (2018)

Observation (CEACR) - adopted 2017, published 107th ILC session (2018)

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

Observation (CEACR) - adopted 2015, published 105th ILC session (2016)

Observation (CEACR) - adopted 2013, published 103rd ILC session (2014)

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

Observation (CEACR) - adopted 2009, published 99th ILC session (2010)

Article 1 of the Convention and Part V of the report form. National policy and application of the Convention in practice. In its previous comments, the Committee noted that, according to the national study on child labour of 2005 (ENTIA 2005), 239,220 children between the ages of 5 and 17 years were engaged in work in the country. The Committee also noted with interest that, according to the final evaluation report of the National Strategic Plan for the Prevention and Elimination of Child Labour and the Protection of Young Workers (2001–05) (Strategic Plan 2001–05) of October 2006, child labour has decreased by around 6 per cent since 2000. According to this final report, over 100,000 children in poor families received direct or indirect assistance from the various actors in civil society who were engaged in the implementation of the Strategic Plan 2001–05. Furthermore, 14,075 children benefited from action programmes on the worst forms of child labour implemented by ILO/IPEC in the country.

The Committee also noted the draft Decent Work Country Programme for Nicaragua and noted that measures were envisaged to improve the application of standards relating to child labour and to continue efforts for the progressive elimination of child labour by 2015, with particular reference to the worst forms of child labour. Furthermore, the Committee noted the information provided by the Government according to which a second National Strategic Plan for the Prevention and Elimination of Child Labour and the Protection of Young Workers (PEPETI 2007–16) was being prepared. The Committee requested the Government to provide information on the measures taken in the context of the draft Decent Work Country Programme to eliminate child labour. It also requested it to provide information on the PEPETI 2007–16, as well as on the action programmes implemented in the context of this Plan and the results achieved in terms of the progressive abolition of child labour.

The Committee notes the final text of the Decent Work Country Programme, which was prepared with ILO assistance. It notes that, in the context of this programme, it is envisaged to strengthen the work of the National Committee on the Progressive Elimination of Child Labour (CNEPTI) and the National Committee against the Sexual Exploitation of Children and Young Persons. The Decent Work County Programme also aims to promote the creation and implementation of a system of monitoring and evaluation of the PEPETI 2007–16 and the improvement of the information system so that information is available concerning the magnitude, distribution and characteristics of child labour in the country.

The Committee also notes the information provided by the Government that the specific objectives of the PEPETI 2007–16 are namely: the removal of children from work and their integration into the education system; access to free health services for children who are removed from work and their families; access to income-generating projects and programmes for the families of working children and young persons; the adaptation of the national legislation; the participation of the social partners and particularly working children and young persons and their families in measures and the process of preventing and eliminating child labour; and the establishment of bodies for the supervision, monitoring and evaluation of child labour.

The Committee also notes that the Government supports the “Love Programme” (Programa Amor), which involves the Ministry of Family, Adolescence and Childhood, as well as the Ministries of Health, Education, the Interior and Labour, the Nicaraguan Social Security Institute (INSS), the Nicaraguan Institute for Youth and Sport, the Institute of Culture, the Nicaraguan Women’s Institute, the Office of the Human Rights Prosecutor and the Public Prosecutor’s Office. The programme aims to restore the rights of children and adolescents, to ensure the right of children and young persons to an education and to ensure that children have access to health, security, sport, art and leisure. To that end, it provides for the creation of child development centres and community daycares to provide professional care for the children of working mothers. To date, comprehensive care has been provided for 83,884 children under 6 years of age in 1,099 community daycares. Furthermore, the children have been provided with food, furniture, educational material and toys, as well as vaccinations for the purpose of preventing disease and chronic malnutrition. Through the 41 child development centres, the programme has also provided comprehensive health care, education and food security for 4,737 children under 6 years of age whose mothers are working in urban areas.

Finally, the Committee notes that discussions are currently taking place between the Government and the Inter-American Development Bank aimed at securing financing for the implementation in urban areas of a programme targeting families living in extreme poverty, due to be implemented in 2010–11. Child labour will be taken into account as an indicator when selecting the beneficiary families.

The Committee notes with interest the various measures taken by the Government to combat child labour. It strongly encourages the Government to continue its efforts to combat child labour and requests it to provide information on the measures which will be taken in this regard, particularly in the context of the PEPETI 2007–16, and on the results achieved.

Article 2, paragraph 1. Scope of application. In its previous comments, the Committee noted the information provided by the Government that Ministerial Agreement JCHG-008-05-07 on the implementation of Act No. 474 provides that the General Directorate of Labour Inspection shall be responsible for the implementation of Act No. 474 and the organization of a system of inspection for the prevention of child labour and its supervision in accordance with the rights of young persons engaged in work in the formal and informal sectors. It also noted the Government’s indication that, with a view to increasing labour inspection activities in the informal sector, and particularly to eliminating child labour, the labour inspection system had been strengthened through links with various governmental and non-governmental organizations. The labour inspectorate for children and the general labour inspectorate will therefore collaborate with a view to protecting children from work and its worst forms and removing them from exploitation. Taking due note of the information provided by the Government, the Committee requested it to provide information on the measures taken by the labour Inspectorate for children and the general labour Inspectorate to protect and remove children from child labour who are not bound by an employment relationship, such as those working on their own account.

The Committee notes the indication in the Government’s report that the Ministries of Labour, Education and Health have supported and promoted an informal education pilot strategy entitled “Educational bridges” in the context of the coffee harvesting plan 2007–08, promoted by the CNEPTI. This strategy has been implemented on five coffee plantations and has benefited a total of 555 children in the Department of Jinotega.

The Committee observes that the Government has not provided any other information. Consequently, it once again requests it to provide information on the measures taken by the labour Inspectorate for children and the general labour Inspectorate to protect and remove from work children who are not bound by an employment relationship, such as those working on their own account.

Minimum age for admission to employment and light work. In its previous comments, the Committee noted that the Government had indicated in its report that Act No. 474 regulates work by children and establishes 14 years as the minimum age for admission to employment, without any exception to this age being envisaged. While noting the Government’s indication, the Committee nonetheless noted once again that, according to the ENTIA 2005, a number of children aged between 12 and 14 years, which is below the minimum age for admission to employment, are engaged in work. It therefore recalled that, under Article 2(1) of the Convention, no one under the minimum age shall be admitted to employment or work in any occupation, with the exception of light work, and requested the Government to provide information on the measures that it intended to take to bring an end to work by children under 14 years of age. The Committee observes that the Government provides no information in this regard. It also notes the statistics provided by the Government with its report, according to which children under 14 years of age were found to be working in enterprises in various sectors, including agriculture and the industrial sector, during 2008 and 2009. Consequently, the Committee urges the Government to take the necessary measures to ensure that the work of children under 14 years of age is brought to an end in practice and to provide information on any progress made in this regard.

Article 2, paragraph 3. Age of completion of compulsory schooling. In its previous comments, the Committee requested the Government to take the necessary measures to increase the school attendance rate and reduce the school drop-out rate so as to prevent children under 14 years of age from working, particularly on their own account. It also requested it to step up its efforts to combat child labour by strengthening measures that allow child workers to be integrated into the school system, whether formal or informal, or into vocational training, provided that the minimum age criteria with regard to employment or work are respected.

The Committee notes the Government’s indication that one of the first measures taken was to promote and facilitate the education of children and young persons at the national level through its education policy for 2007–11 entitled “A ministry in the classroom”. As a result of the implementation of this policy, nearly one million children and young persons of school age have benefited from free schooling, in accordance with the provisions of article 121 of the National Constitution.

The Committee also notes that a subcommittee (composed of members of the CNEPTI and of advisory bodies such as the ILO–IPEC programme, Save the Children, the CARE international intergovernmental development agency, UNICEF, as well as of engineers of the Programa Amor and projects aimed at child workers (ENTERATE, PRONIÑO, CUCULMECA, Fundación Eduquemos)), set up to define the methodologies and strategies to be implemented by the Ministry of Education in taking care of children excluded from the education system, while coordinating the actions provided for under the strategic plan and roadmap for declaring the country a child labour free zone. The Committee also notes that the Ministry of Education and Sport has in turn launched a national literacy and education campaign for children and young persons excluded from the education system. The Committee requests the Government to continue taking measures to increase the school attendance rate and facilitate the access of children to education, to prevent children from turning to work. The Committee requests the Government to provide information on any progress made in this regard.

Article 3, paragraph 2. Determination of hazardous types of work. In its previous comments, the Committee noted with satisfaction the adoption of Ministerial Agreement No. VGC-AM-0020-10-06 of 14 November 2006, on the list of hazardous types of work applicable in Nicaragua which was drawn up in consultation with the organizations of employers and workers and civil society and contains a detailed list of hazardous types of work. According to the Government’s report, tripartite consultations on the matter of updating this list are currently being held within the National Occupational Safety and Health Council and the CNEPTI, but also with the labour Inspectorate for children. The Committee requests the Government to provide information on the outcome of these consultations and to provide, if applicable, a copy of any related text or draft text.

Observation (CEACR) - adopted 2008, published 98th ILC session (2009)

Article 1 of the Convention and Part V of the report form. National policy and application of the Convention in practice. In its previous comments, the Committee noted that the Committee on the Rights of the Child, in its concluding observations of June 2005 (CRC/C/15/Add.265, paragraph 61), expressed concern at the information that child labour has increased consistently in Nicaragua in the last years due to migration from the countryside and the intensification of poverty. The Committee also noted that, according to the statistics contained in the national report on child labour, compiled by the Statistical Information and Monitoring Programme on Child Labour (SIMPOC) and published by ILO–IPEC in April 2003, around 253,057 children between the ages of 5 and 17 are engaged in economic activity. While observing that there appear to be difficulties in the application of the Regulations on Child Labour and that child labour constitutes a problem in practice, the Committee noted that the Government was drawing up a National Strategic Plan for the Progressive Elimination of Child Labour and the Protection of Young Workers (2006–10) and that a study on child labour in the country was due to be prepared in November 2005.

The Committee notes that according to the national study on child labour of 2005 (ENTIA, 2005), 239,220 children between the ages of 5 and 17 years were engaged in work in the country. The Committee notes with interest that, according to the final evaluation report of the National Strategic Plan for the Prevention and Elimination of Child Labour and the Protection of Young Workers (2001–05) (Strategic Plan 2001–05) of October 2006, child labour has decreased by around 6 per cent since 2000. According to this final report, over 100,000 children in poor families received direct or indirect assistance from the various actors in civil society who were engaged in the implementation of the Strategic Plan 2001–05. Furthermore, 14,075 children benefited from action programmes on the worst forms of child labour implemented by ILO–IPEC in the country.

The Committee notes the draft Decent Work Country Programme for Nicaragua and observes that measures are envisaged to improve the application of standards relating to child labour and to continue efforts for the progressive elimination of child labour by 2015, with particular reference to the worst forms of child labour. Furthermore, the Committee notes the information provided by the Government according to which a second National Strategic Plan for the Prevention and Elimination of Child Labour and the Protection of Young Workers (2007–16) is under preparation. The Committee expresses appreciation of the measures adopted by the Government for the abolition of child labour, which it considers to be an affirmation of the political will to develop strategies to combat this problem. It therefore strongly encourages the Government to pursue its efforts to combat child labour and requests it to provide information on the measures that will be taken for the elimination of child labour in the context of the Decent Work Country Programme. Furthermore, the Committee requests the Government to provide information on the second National Strategic Plan for the Prevention and Elimination of Child Labour and the Protection of Young Workers (2007–16) and the programmes of action that are implemented in the context of this Plan, as well as on the results achieved in terms of the progressive abolition of child labour. It also invites the Government to continue providing information on the application of the Convention in practice including, for example, statistical data on the employment of children and young persons and extracts of the reports of the inspection services.

Article 2, paragraph 1. 1. Scope of application. In its previous comments, the Committee noted that, despite the amendments made to sections 130 and 131 of the Labour Code by Act No. 474 of 21 October 2003, the Labour Code still does not apply to employment relationships that are not derived from an employment contract, such as work performed by children on their own account. The Committee reminded the Government that the Convention applies to all sectors of economic activity and that it covers all forms of employment or work, whether or not an employment contract exists and whether or not the work is paid. It requested the Government to provide information on the manner in which the protection envisaged by the Convention is ensured in the case of children engaged in an economic activity that is not covered by an employment relationship, such as work performed on their own account.

The Committee notes the information provided by the Government according to which Ministerial Agreement JCHG-008-05-07 on the implementation of Act No. 474 provides that the General Directorate of Labour Inspection shall be responsible for the implementation of Act No. 474 and the organization of a system of inspection for the prevention of child labour and its supervision in accordance with the rights of young persons engaged in work in the formal and informal sectors. The Committee also notes the Government’s indication that, with a view to increasing labour inspection activities in the informal economy, and particularly to eliminating child labour, the labour inspection system has been strengthened through links with various governmental and non-governmental organizations. Accordingly, the labour inspectorate for children and the general labour inspectorate will collaborate with a view to protecting children from work, and from the worst forms of child labour, and removing them from exploitation. Taking due note of the information provided by the Government, the Committee requests it to provide information on the measures adopted by the labour inspection service for children and the general labour inspectorate to protect and remove children from child labour who are not bound by an employment relationship, such as those who work on their own account.

2. Minimum age for admission to light employment and work. In its previous comments, the Committee noted that section 134 of the Labour Code does not regulate the performance of light work by children between the ages of 12 and 14 years, as envisaged in Article 7 of the Convention. Furthermore, it noted the statistics on work by children under 14 years of age contained in the report on child labour compiled by SIMPOC and published by ILO–IPEC in April 2003, which indicate that in practice a considerable number of children engaged in work are under 14 years of age. In view of the situation prevailing in the country, the Committee invited the Government to establish a system regulating the employment of children aged between 12 and 14 years on light work, in accordance with the conditions set out in Article 7 of the Convention.

In its report, the Government indicates that Act No. 474 regulates work by children and establishes 14 years as the minimum age for admission to employment, without any exception to this age being envisaged. While noting the Government’s indications, the Committee notes once again that, according to ENTIA, 2005, a certain number of children aged between 12 and 14 years, which is below the minimum age for admission to employment, are engaged in work. The Committee recalls that under Article 2, paragraph 1, of the Convention, no one under the minimum age shall be admitted to employment or work in any occupation, with the exception of light work, and it requests the Government to provide information on the measures that it intends to take to bring an end to work by children under 14 years of age.

Article 2, paragraph 3. Age of completion of compulsory schooling. The Committee notes that, according to UNESCO 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 attend secondary school. The Committee notes that, according to the final evaluation report of the Strategic Plan 2001–05, a special school enrolment plan 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, according to this report, over 150,000 children between the ages of 7 and 12 years are not enrolled in school each year. Furthermore, the report notes an increase in the school drop-out rate over the past six years, particularly due to poverty which constrains children, and particularly boys, to work. Despite the efforts made by the Government, the Committee expresses concern at the low attendance rates for secondary school. It observes that poverty is one of the primary causes of child labour and that, when combined with a deficient education system, it hinders the development of the child. Considering that education is one of the most effective means of combating child labour, the Committee requests the Government to take the necessary measures to increase the school attendance rate and reduce the school drop-out rate so as to prevent children under 14 years of age to work, particularly on their own account. It also requests the Government to intensify its efforts to combat child labour by reinforcing measures that allow child workers to be integrated into the school system, whether formal or informal, or into vocational training, provided that the minimum age criteria with regard to employment or work are respected.

Article 3, paragraph 2. Determination of hazardous types of work. Further to its previous comments, the Committee notes with satisfaction the adoption of Ministerial Agreement No. VGC-AM-0020-10-06 respecting the list of hazardous types of work applicable in Nicaragua of 14 November 2006, which was drawn up in consultation with the organizations of employers and workers and civil society, and contains a detailed list of hazardous types of work.

Direct Request (CEACR) - adopted 2005, published 95th ILC session (2006)

Article 2 of the Convention. Scope of application. Referring to its previous comments on work performed by children on their own account, the Committee notes that sections 130 and 131 of the Labour Code have been amended by Law No. 474 of 21 October 2003. Under the terms of the new section 130, all persons between 14 and 18 years of age who perform productive activities or provide services in exchange for remuneration are considered to be adolescent workers. Under the new section 131, paragraphs 2 and 3, adolescents over 16 years of age may sign a contract, although those between 14 and 16 years of age require authorization from their parents or a guardian, and the supervision of the Ministry of Labour to do the same. The Committee notes that, despite the amendments made to sections 130 and 131, the Labour Code does not apply to employment relations which are not derived from an employment contract, such as work performed by children on their own account. The Committee once again recalls that the Convention applies to all sectors of economic activity and that it covers all forms of employment or work, whether or not there is an employment contract and whether or not the work is remunerated. Therefore, it requests the Government to provide information on the manner in which the protection afforded by the Convention is secured for children exercising an economic activity that is not covered by an employment relationship, such as work on their own account.

Article 3. 1. Determination of types of hazardous work.  The Committee notes with interest that section 133 of the Labour Code, as amended by Law No. 474 of 21 October 2003, establishes a list determining the types of employment or work prohibited to children (up to the age of 13) and adolescents (a child aged between 13 and 18 years of age).

2. Authorization to employ young persons as from the age of 16 years. Referring to its previous comments, the Committee notes that, according to the information provided by the Government with regard to the transport of heavy loads, completion of hazardous work and, in particular, the handling or transport of heavy loads (paragraph 1(f)) is prohibited under section 133 of the Labour Code as amended by Law No. 474 of 21 October 2003. With regard to work with pesticides, the Committee also notes the information provided by the Government, according to which, under section 78 of the ministerial resolution on health and safety at the workplace of 28 July 2000, the performance of work by children and adolescents which exposes them to chemical, physical and biological contaminants is prohibited.

Articles 7 and 8. Derogations to the general minimum age. 1. Light work. In its previous comments, the Committee noted that section 134 of the Labour Code does not set out the conditions under which children under 14 years of age may perform light work, in accordance with Article 7 of the Convention. In its report, the Government indicates that Law No. 474 of 21 October 2003 introduces certain amendments to the provisions relating to child labour included in the Labour Code, with the objective of establishing rules governing light work by children between 12 and 14 years of age. Whilst noting this information, the Committee notes that these amendments govern the employment conditions of children over 14 years of age but do not regulate light work. Furthermore, the Committee takes note of the statistical information with regard to child workers under the age of 14 contained in the national report on child labour compiled by the Statistical Information and Monitoring Programme on Child Labour (SIMPOC) and published by ILO/IPEC in April 2003, which indicates that, in practice, a considerable number of children under 14 years of age are in work. The Committee once again draws the Government’s attention to Article 7, paragraphs 1 and 4, of the Convention which states that national legislation permits the employment or work of persons of 12 to 14 years of age on light work which is: (a) not likely to be harmful to their health or development; and (b) not such as to prejudice their attendance at school, their participation in vocational orientation or training programmes approved by the competent authority or their capacity to benefit from the instructions received. Moreover, the types of activities in which employment or work may be permitted shall be determined and the number of hours during which and the conditions in which such employment or work may be undertaken shall be prescribed, in accordance with Article 7, paragraph 3, of the Convention. The Committee thus strongly encourages the Government to implement a system governing the employment of children between 12 and 14 years of age in light work, according to the conditions prescribed under Article 7 of the Convention given the reality of the situation in the country.

2. Artistic performances. Referring to its previous comments, the Committee notes the information provided by the Government in its report according to which the procedure permitting children to participate in artistic performances is the same as that set out by the labour inspectorate.

Part V of the report form. The Committee notes that, in its final observations on the third periodic report of the Government of June 2005 (CRC/C/15/Add.265, paragraph 61), the Committee on the Rights of the Child expressed concern at the information that child labour has increased consistently in the last years due to migration from neighbouring countries and intensification of poverty. The Committee notes the national report on child labour compiled by SIMPOC and published by ILO/IPEC in April 2003. According to the statistical data, contained in this report, around 253,057 children aged between 5 and 17 are working. Of this number, 10.9 per cent are between 5 and 9 years of age and 45 per cent between 10 and 14 years of age. The Committee notes that, according to the statistical data contained in this report, child labour is particularly common in the following sectors: agriculture, forestry, fishing, trade, hotels and restaurants, community, mining, construction and transport. The Committee notes that it would appear that it is difficult to regulate child labour and that child labour is a problem in practice. The Committee expresses its serious concern at the situation of children under 14 years of age obliged to work in Nicaragua due to personal necessity. The Committee nevertheless notes that the Government is in the process of drawing up a National Strategic Plan for the Progressive Elimination of Child Labour and the Protection of Adolescent Workers. It therefore encourages the Government to pursue its efforts to gradually improve this situation. It requests the Government to communicate information on the impact of the abovementioned Plan on eliminating child labour.

The Committee notes the information provided by the Government according to which a study on child labour in Nicaragua will be carried out in November 2005. This study will allow for statistical data on this issue to be updated and for the evaluation of the measures taken to eliminate child labour. The Committee requests the Government to provide information on the results of the study which will be carried in November 2005. It also invites the Government to continue to provide information on the application of the Convention in practice, providing, for example, statistical information concerning child and adolescent labour, extracts of inspection services reports, in particular, inspections carried out in the sectors mentioned above.

Direct Request (CEACR) - adopted 2003, published 92nd ILC session (2004)

The Committee notes the information provided by the Government in its reports in 2002 and 2003. It notes with interest that Nicaragua signed a Memorandum of Understanding (MOU) with ILO/IPEC on 15 May 2002 and that it has adopted Decree No. 43-2002 reorganizing the National Commission for the Progressive Elimination of Child Labour and the Protection of Young Persons at Work.

Article 2 of the Convention. 1. Scope of application. In its previous comments, the Committee noted that under the terms of section 130 of the Labour Code, children and young persons who perform productive activities or provide services in exchange for remuneration are considered to be "workers". Under the terms of section 1, the Labour Code governs labour relations between employers and workers. The Committee notes that by virtue of these provisions, the Labour Code does not apply to employment relations which are not derived from an employment contract such as work performed by children on their own account. While noting the information provided by the Government in its report in 2002, the Committee once again recalls that the Convention applies to all sectors of economic activity and that it covers all forms of employment or work, whether or not there is an employment contract and whether or not the work is remunerated. It therefore requests the Government to provide information on the manner in which the protection afforded by the Convention is secured for children exercising an economic activity that is not covered by an employment relationship, such as work on their own account.

2. Minimum age for admission to employment or work. The Committee notes with interest the adoption by the Ministry of Labour of the ministerial resolution respecting work in export processing zones, which prohibits the engagement of young persons under 14 years of age. It requests the Government to provide a copy of this resolution.

Article 3. 1. Determination of hazardous work. In its previous comments, the Committee noted that certain activities are not included in the types of work considered to be hazardous in section 133 of the Labour Code, and particularly the handling and manual transport of loads. In this respect, the Committee notes that under section 16 of the ministerial resolution on health and safety relating to the maximum weight that may be carried by a worker, of 22 February 2002, young persons under 18 years of age may not be engaged in the manual transport of a load (transporte manual de carga) which requires physical efforts, nor on work requiring psycho-physical efforts exceeding their capabilities.

2. Authorization to employ young persons as from the age of 16 years. In its previous comments, the Committee noted that section 66 of the ministerial resolution on health and safety at the workplace, of 24 November 2000, prohibits employers from allowing children under 16 years of age to work with pesticides. The Committee notes that under the terms of section 15 of the resolution of 22 February 2002, the manual transport of a load (manipulación manual) by young persons under 16 years of age is prohibited at the workplace, with the manual transport of a load meaning any operation involving the transport or holding of a load by one or more workers, such as lifting, placing, pushing, pulling and moving, which, by reason of its nature or inadequate ergonomic conditions, involves risks at work for the workers (section 1). The Committee notes that both section 66 of the ministerial resolution of 24 November 2000 and section 15 of the ministerial resolution of 22 February 2002 permit work by young persons in hazardous activities as from the age of 16 years. The Committee reminds the Government that under Article 3, paragraph 3, of the Convention, national laws or regulations may, after consultation with the organizations of employers and workers concerned, authorize the performance of hazardous types of work by young persons between the ages of 16 and 18 years on condition that the health, safety and morals of the young persons concerned are fully protected and that they have received adequate specific instruction or vocational training in the relevant branch of activity. It also recalls that this provision of the Convention consists of a limited exception to the general rule prohibiting the performance of hazardous types of work by young persons under 18 years of age, and not an overall authorization to perform hazardous work from the age of 16 years. The Committee therefore requests the Government to provide information on the measures adopted to ensure that the performance of hazardous types of work by young persons between 16 and 18 years of age is only authorized in accordance with the provisions of Article 3, paragraph 3, of the Convention.

Articles 7 and 8. Derogations to the general minimum age. 1. Light work. In its previous comments, the Committee noted that section 134 of the Labour Code establishes rights for children who work, but does not set out the conditions under which children under 14 years of age may perform light work, in accordance with Article 7 of the Convention. The Committee notes with interest the information provided by the Government in its report in 2002 according to which it is prohibited to employ children under 14 years of age and that, in practice, the elimination of work by children under 14 years of age is encouraged in various ways, including awareness-raising campaigns, training and inspection. The Committee also notes the Government’s intention to hold consultations with the social partners with a view to reforming Title IV of the Labour Code, with the objective of establishing rules governing light work by young persons between 14 and 18 years of age, and to submit this reform to the National Assembly. The Committee requests the Government to provide information on the reform of Title IV of the Labour Code, which it intends to undertake with a view to regulating light work by young persons.

2. Artistic performances. The Committee notes the information provided by the Government in its report in 2002 to the effect that the Directorate of the Labour Inspectorate for Children may issue work permits for young persons between 14 and 16 years of age who have obtained the agreement of their parents. The authorization procedure consists of submitting an application with certain documents attached, including the birth certificate and proof of school attendance, where appropriate. Employers have to comply with the special working hours of young persons, namely six hours a day and 30 hours a week. The Committee also notes the copies of permits provided by the Government with its report in 2002. However, it notes that these permits are not related to artistic performances, but to work by young persons in the catering sector. In this respect, it recalls that Article 8 of the Convention provides for the possibility of granting, in derogation of the minimum age for admission to employment or work, permits in individual cases for participation in activities such as artistic performances. The Committee requests the Government to indicate whether the national legislation provides for such permits and, if so, to provide information on the procedure followed by the labour inspectorate to issue them.

Article 9. Registers to be kept by the employer. In its previous comments, the Committee noted that section 17(1) of the Labour Code, which places the obligation upon employers to keep registers and files as prescribed by the Ministry of Labour, does not establish the obligation to include the age of the worker in the register. The Committee notes the information provided by the Government that it is compulsory for all employers in Nicaragua to keep a personal record for each employee, which must include the birth certificate of persons working for the employer and that, where documents are missing from the personal record, the labour inspectors take the necessary measures to obtain them during inspections.

Part V of the report form. The Committee notes the information provided by the Government in its report in 2002 that a legal analysis of the Nicaraguan legislation on child labour has been prepared and submitted to various commissions and deputies in the National Assembly, which could serve as a basis for possible reforms of the child labour provisions in the Labour Code. The Committee requests the Government to provide the results of this analysis. The Committee also notes the statistics on the employment of children provided by the Government. As the Committee noted in its previous comments, these statistics show that the majority of children who work are employed in the agricultural sector and are under 18 years of age. In its report in 2002, the Government indicates that, in most work centres, employers take measures so that young persons under 18 years of age are not engaged in activities exposing them to chemical, physical and biological pollutants (see section 78 of the ministerial resolution of 24 November 2000) and that, where labour inspectors find violations of the labour legislation respecting child labour, penalties or fines are imposed. The Committee requests the Government to continue providing information on the application of the Convention in practice, including, for example, statistics on the employment of children and young persons, extracts from the reports of the inspection services and information on the number and nature of the contraventions reported.

The Committee requests the Government to keep it informed of progress made in enacting or amending the legislation. In this regard, it reminds the Government that it may avail itself of ILO technical assistance to bring its legislation into conformity with the Convention.

Direct Request (CEACR) - adopted 2001, published 90th ILC session (2002)

1. Scope of application. The Committee noted that even if national legislation (the Constitution, the Code of Children and Young Persons, and the Labour Code) does not determine the minimum age for admission to employment when neither an employment relationship nor remuneration exists, it protects children from any form of economic exploitation. In this regard, the Government indicated that it was realizing a normative analysis in order to ensure the application of the Convention.

In its last report, the Government referred to the national plan of action for children and adolescents (1997-2001) with the specific purpose of promoting action to progressively diminish child labour for girls and boys under 14 years of age, respecting the Labour Code and the Code of Children and Young Persons (Chapter IV, points 5 and 10). The Committee requests the Government to continue to indicate the measures taken to reach this objective and the progress made on the issue.

Hazardous child labour (Article 3, paragraphs 1 and 2, of the Convention). The Committee noted that section 133 of the Labour Code forbids young persons, girls and boys, to perform unhealthy work, morally dangerous work, as well as work in mines, underground, in rubbish tips, in brothels, work that requires the handling of toxic substances and night work in general. The Committee requested the Government to supply the legislative texts on hygiene and safety at work.

The Committee notes with interest section 78 of the ministerial resolution of 28 July 2000 on industrial hygiene in the workplace. According to this rule, young persons are forbidden to perform work that exposes them to chemical, physical and biological pollution (the Code of Children and Young Persons defines adolescents as persons between 13 and 18 years of age). The Committee requests the Government to supply the information on the practical application of section 78 mentioned above, and particularly information on reports of inspection services, contraventions reported and penalties imposed according to the legislation.

The Committee also notes the statistical data supplied by the Government on child labour, according to which the majority of working children are employed in agriculture.

The Committee notes that the following hazardous agricultural activities - use of machinery, exposure to pesticides, handling or manual transportation of weights, for example - are not included in the activities considered hazardous according to section 133 of the Labour Code. Moreover, the ministerial resolution of 27 November 2000 forbids employers from allowing children, who are less than 16 years old, to work with pesticides (article 66), while persons between 16 and 18 years old are authorized to perform this kind of activity. The Committee invites the Government to examine the possibility of establishing a list of work and employment forbidden to children under the age of 18 years, which will enhance the general interdiction of section 133 of the Labour Code and which will complete the list of work mentioned in this provision. The Committee also requests the Government to consider the possibility of including hazardous agricultural activities in the list of work forbidden to children under the age of 18 years. The Committee recalls also that Convention No. 184 on safety and health in agriculture, adopted by the ILO Conference in 2001, includes under the title, young workers and hazardous activities, a provision, according to which "the minimum age for performing an agricultural job, that by its nature or the circumstances in which it is carried out is likely to jeopardize the security and health of young workers, shall not be less than 18 years". The adoption of such a standard indicates the attention given to child protection when performing a hazardous activity in agriculture. The Committee requests the Government to indicate the measures taken on this point.

3. Derogation to the general minimum age (Article 7, paragraph 4, and Article 8). In its previous comments the Committee requested the Government to supply the regulations on the exceptions to the minimum age stated in section 131 of the Labour Code ("general labour inspection will emphasize the exceptions"). The Committee notes that section 134 refines working children’s rights and does not include provisions on the conditions for employment of children under 14 years of age, who, according to Article 7 of the Convention, can only be employed for light work. National legislation should determine these types of jobs and the conditions under which they can be performed. The Committee asks the Government to supply information on the measures taken to determine this work and to establish the conditions under which children who are less than 14 years old can be employed in such work.

Regarding the exceptions to the minimum age for participation in artistic performances, the Government indicates in its report that individual authorization may be accorded to the father, mother or guardian of the child. The Committee recalls that Article 8 of the Convention specifies that these authorizations will limit the working hours authorized and will rule the conditions. The Committee requests the Government to specify the conditions under which these authorizations are produced, as well as the procedures followed. The Committee also requests the Government to supply some copies of these authorizations.

4. Registers that the employer shall keep. The Committee recalls that Article 9, paragraph 3, of the Convention provides that the employer shall keep a record of any child under 18 years of age who works or is employed by him. The Government indicates in its report that, according to section 17(1) of the Labour Code of 1996, the employer has the obligation to keep registers and files such as established by the Ministry of Labour and to prepare certificates if requested by the workers. The Committee notes that section 17(1) does not include the obligation to keep a record of the age of the worker. The Committee asks the Government to indicate the measures taken or envisaged in order for the employer to keep a record of the age and date of birth of the children.

The Government indicates in its report that the director of inspection on child labour receives the inspection reports made in cooperation with the Labour Inspection Department, and this will be the base to elaborate data on inspection of child labour. The Committee notes that joint information on the report on child labour (January and February 2000), gives details of numbers of working children in branches of economic activities, and models of inspection that are annexed to the report. The Committee hopes that the Government will supply information on the inspections and on the progress made.

The Committee notes the agreement signed in 1999 between the Government and several enterprises, for the application of national legislation on child labour as well as the provisions of this Convention.

Direct Request (CEACR) - adopted 1999, published 88th ILC session (2000)

Further to its observation, the Committee requests the Government to supply information on the following points.

1. Coverage of all employment or work. The Committee recalls that Convention No. 138 covers not only wage employment but all employment or work, even if there is no employment relationship, or payment of remuneration.

It notes that the Government indicates that, even if the legislation does not fix the minimum age for admission to employment without an employment relationship and remuneration, children are protected from this form of economic exploitation. In this connection, the Government refers to section 84 of the Constitution of Nicaragua and section 76.e of the Code on Childhood and Adolescence (Act No. 287 of 27 November 1998) which provides protection for children against all forms of economic and social exploitation, and also to section 134.b and c, of the Labour Code (Act No. 185 of 31 December 1996) which guarantees the child a remuneration paid in legal tender equal to that of other workers. Nevertheless, the Government states that the legislation is under analysis with a view to ensuring application of the Convention. In view of this fact, and given that the provisions cited by the Government are insufficiently clear and precise to prohibit the employment of children of less than 14 years of age, where there is no employment relationship or remuneration, the Committee hopes the Government will take specific measures to prohibit and eliminate the employment of children of less than 14 years without an employment relationship, as in the case of self-employment.

2. Exceptions to the general minimum age. In reply to the Committee's previous request regarding exceptions to the minimum age of 14 years regulated by the Labour Inspectorate (section 131 of the Labour Code), the Government states in its report that such exceptions must not be prejudicial to the health, mental and physical development of the child and not such as to prejudice their education. It adds that these exceptions concern, for example, manual and artistic activities and craft work, etc. The Committee requests the Government to supply the provisions of the regulations which establish the conditions for these exceptions, including hours of work, and other employment conditions if such exist, or to take the measures necessary to adopt them. The Committee recalls that, in conformity with Article 7, paragraph 4, of the Convention, exceptions to the minimum age only concern children over the age of 12 years and must be restricted to "light work". It requests the Government to indicate the measures taken or envisaged to give full effect to this provision of the Convention.

In the case of exceptions to the minimum age for artistic performances, the Committee recalls that Article 8 of the Convention does not specify a minimum age in this connection but requires that permits should be granted in individual cases. It requests the Government to supply additional information on the manner in which the abovementioned exceptions are granted by the labour inspection regarding artistic performances. It also requests it to indicate consultations undertaken with the organizations of employers and workers concerned, in conformity with Article 8.

3. Dangerous work prohibited for young persons under 18 years of age. Further to its previous comments, the Committee notes the details given by the Government in its report regarding objects and substances the manipulation of which is prohibited for children of less than 18 years under sections 133 and 136 of the Labour Code and by the regulations regarding occupational safety and health. It requests it to supply the text of these regulations. It asks the Government to supply information on the consultations which took place on this question with the organizations of employers and workers, in compliance with Article 3, paragraph 2, of the Convention.

4. Register to be kept by the employer. The Committee notes the indication in the Government's report that the new Code does not provide for registers to be kept by the employer, but that it is the labour inspectors who keep registers of workers of less than 18 years of age. However, it recalls that Article 9, paragraph 3, of the Convention obliges employers to keep such registers. In the expectation that measures will be taken to give effect to this article, the Committee requests the Government to indicate how the labour inspectors keep such registers of all workers of less than 18 years of age, and also to supply a model of the register kept in this way.

Observation (CEACR) - adopted 1999, published 88th ILC session (2000)

The Committee notes the adoption of the Code on Childhood and on Adolescence (Act No. 297, in force from 27 November 1998).

Further to its previous observations, the Committee notes with interest the creation of the National Commission for the Progressive Elimination of Child Labour and the Protection of Minors in Employment, of which the 1998 annual report was supplied by the Government. It also notes the implementation of the National Action Plan for the Elimination of Child Labour. According to the report from the National Commission, various activities have been undertaken, including five action programme projects undertaken with IPEC participation, especially the programmes to eliminate child labour in waste tips and the sexual exploitation of children in the commune of Léon. This policy bears witness to the Government's desire to introduce practical measures to combat child labour, and the Committee encourages it to increase the geographical area covered. It requests the Government to continue to communicate the results of these programmes and in particular the reports of the subcommissions on monitoring and evaluation of the National Commission, as well as other available information regarding the application of the Convention such as the results of the labour inspection, of penalties imposed in respect of infringements and statistical data on child labour.

Direct Request (CEACR) - adopted 1997, published 86th ILC session (1998)

Further to its observations, the Committee requests the Government to supply information on the following points.

1. Coverage of all employment or work. The Committee notes that under the Labour Code, children or adolescents who carry out productive activities or provide services for remuneration are considered as "workers" (section 130). It recalls that the provision of Article 2(1) of the Convention, which requires the fixing of the minimum age for admission to employment or work, covers not only wage employment but all employment or work, even if there is no employment relationship or no payment of remuneration. The Committee requests the Government to indicate measures taken or envisaged to give full effect to the Convention on this point.

2. Exceptions to the general minimum age. The Committee requests the Government to supply detailed information on the exceptions to the minimum age of 14 years made under section 131 of the Code, regulated by the General Labour Inspectorate, with particular reference to Article 7 of the Convention which allows exceptions for light work from 12 years, and Article 8 which allows exceptions for artistic performances under individual permits.

3. Dangerous work prohibited for young persons under 18 years of age. The Committee notes with interest that section 133 of the Code prohibits the employment of persons under 18 years of age in a wider range of activities than before, namely, unhealthy work and work with moral hazard, such as work in mines, underground, garbage collecting, night-time entertainment places, those which involve manipulation of psychotropic or toxic substances and objects, and night work in general. It requests the Government to supply further information as to the substances and objects the manipulation of which is prohibited under this section and any types of work other than those enumerated that are considered unhealthy or with moral hazard, and also on the consultations which have taken place on this subject with the employers' and workers' organizations in accordance with Article 3(2) of the Convention.

4. Register to be kept by the employer. The Committee recalls that the previous Labour Code explicitly provided for the obligation of the employer to keep a register of all employees under 18 years of age including their date of birth (section 15, item 15). It notes, however, that the corresponding provision on the employers' obligations of the new Code no longer contains this explicit provision on register but refers to the obligations which derive from the ILO Conventions ratified by Nicaragua. The Committee requests the Government to indicate measures taken to ensure that registers are kept and made available by the employer regarding employees younger than 18 years of age, including their dates of birth, in accordance with Article 9(3).

5. Application in practice. The Committee notes the Government's indications in its first report submitted in 1994 to the United Nations Committee on the Rights of the Child that many children find their means of survival in "working" in the informal sector (CRC/C/3/Add.25, paragraph 61) and that the Ministry of Labour, whose budget is very modest, cannot really enforce the prohibitions in the Labour Code. It notes that the participation in the IPEC activities demonstrate the Government's willingness to take practical measures to eliminate child labour, and requests the Government to supply information on all measures taken or envisaged to ensure the application of the Convention in practice. It also requests the Government to include, for instance, statistical data and extracts of official reports, and results of labour inspection.

Observation (CEACR) - adopted 1997, published 86th ILC session (1998)

The Committee notes the adoption of the Labour Code (Act No. 185 of 30 October 1996). It notes with interest that the minimum age for employment (14 years) under its section 131 now covers all sectors falling within the scope of the Code, instead of only the industrial undertakings as in the previous Labour Code.

The Committee notes that the Government's report contains no other information than the signing of the Memorandum of Understanding with the ILO concerning IPEC (International Programme on the Elimination of Child Labour) of which a copy is attached. In the absence of any concrete response to its previous direct request, the Committee asks the Government to reply to the points it is raising in a direct request, concerning also the new Labour Code.

Direct Request (CEACR) - adopted 1992, published 79th ILC session (1992)

The Committee notes the information communicated by the Government in response to the general direct request 1990. It also notes that, according to the Government's report, a draft Labour Code drawn up with the assistance of the International Labour Office should give full effect to the Convention. With that in view, the Committee reiterates the following points from previous comments:

Article 2, paragraph 1, and Article 5, paragraph 3, of the Convention. The Committee has asked the Government to indicate the measures taken or contemplated to fix a minimum age of 14 years for admission to any employment or work, including work done by the worker on his own account in accordance with Article 2, paragraph 1, of the Convention and in all the sectors covered by Article 5, paragraph 3.

Article 3, paragraphs 1 and 2. The Committee has asked the Government to indicate the measures taken or contemplated to prohibit the employment of young persons under the age of 18 years in activities which by their nature or the circumstances in which they are carried out are likely to jeopardise their health, safety or morals. In this connection, it points out that the types of employment or work concerned should be determined by national laws or by the competent authority after consultation with employers' and workers' organisations.

Article 3, paragraph 3. The Committee has pointed out that, in a case where work is authorised for adolescents as from the age of 16 years in the types of employment or work referred to in that Article, measures should be taken to ensure that their health, safety and morals are fully protected and that they have received adequate specific instruction or vocational training.

Article 7, paragraphs 1 and 4. The Committee has expressed the hope that the provisions of the new Labour Code will specify that children 12 to 14 years of age may be permitted only to perform light work which is not likely to be harmful to their health or development and not such as to prejudice their attendance at school or their capacity to benefit from the instruction received.

The Committee hopes that the Government will be in a position to indicate what measures have been taken to bring the laws into conformity with the Convention on these points.

Direct Request (CEACR) - adopted 1988, published 75th ILC session (1988)

The Committee has noted the information supplied by the Government in reply to its previous direct request.

Fixing of a minimum age of 14 years for all types of employment and work and for all sectors covered by the Convention (Article 2, paragraph 1, and Article 5, paragraph 3, of the Convention). 1. The Government refers to section 84 of the Constitution, which prohibits work of children in activities which may prejudice their normal development or their compulsory attendance at school. The Committee observes that this provision is not specific enough to ensure the application of the Convention to all forms of work and employment, as required by Article 2, paragraph 1, and to all sectors of activities mentioned in Article 5, paragraph 3. It refers to its previous direct request, in which it expressed the hope that it will be possible to amend the Labour Code so as to explicitly fix a minimum age for admission to any employment or work, including work performed by the worker on his own account, in accordance with Article 2, paragraph 1, and in all sectors covered by Article 5, paragraph 3. The Committee requests the Government to indicate in its next report the measures taken or under consideration for this purpose.

2. The Committee again requests the Government to provide the text of the rules of the Ministry of Labour fixing the conditions of employment in plantations.

Article 3, paragraphs 1 and 2. The Committee notes the Government's statement that circumstances do not yet permit to extend the prohibition from employing young persons under 18 years of age to other activities that may present danger to health, safety or morals. It hopes that the Government will indicate in its forthcoming reports any progress made.

Article 3, paragraph 3. The Committee notes that account will be taken of its comments when the new Labour Code is discussed. The Committee recalls that measures should be taken to provide expressly that before being employed in industries by virtue of section 123, subsection 4, of the Labour Code, children shall receive adequate specific instruction or vocational training in the relevant branch of activity, in accordance with Article 3, paragraph 3. The Committee hopes that the next report will indicate the progress made in this regard.

Article 7, paragraphs 1 and 4. The Committee notes that the work of children from 12 to 14 years of age in agriculture under sections 122 and 175 of the Labour Code is limited to light work. It hopes that when the new Labour Code is discussed this will be explicitly stipulated in the above provisions and that the next report will indicate the progress made in this respect.