Demande directe (CEACR) - adoptée 2009, publiée 99ème session CIT (2010)

Article 7, paragraph 2, of the Convention. Effective and time-bound measures. Clause (a). Preventing children from becoming engaged in the worst forms of child labour. Access to free basic education. In its previous comments, the Committee noted that, according to the statistics of the UNESCO Institute for Statistics, 86 per cent of girls and 88 per cent of boys attend primary school, while 46 per cent of girls and 40 per cent of boys attend secondary school. It also noted that, according to the final evaluation report on the National Strategic Plan for the Prevention and Elimination of Child Labour and the Protection of Young Workers 2001–05 (Strategic Plan 2001–05), a special plan for the enrolment of children in schools 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, despite the efforts made by the Government, the Committee expressed concern at the low school attendance rates, particularly at the secondary level. Considering that education contributes to preventing the engagement of children in the worst forms of child labour, the Committee urged the Government to step up its efforts to improve the operation of the education system, particularly by increasing school enrolment rates at the secondary level and reducing the school drop-out rate. It requested the Government to provide information on the results achieved.

The Committee notes the indication that one of the first measures taken by the Government 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”. According to the Government, as a result of the implementation of this policy, nearly 1 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. It also notes that a subcommittee for the care of child workers excluded from the education system (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, the United Nations Children’s Fund (UNICEF), as well as of engineers of the “Love Programme” and projects aimed at child workers (ENTERATE, PRONIÑO, CUCULMECA, Fundación Eduquemos)) has been 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 road map for declaring the country an area free of child labour. The Committee also notes 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 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 Government is also supporting the “Love Programme”, 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 Ombudsperson and the Public Prosecutor’s Office. The programme aims, inter alia, to ensure the right of children and young persons to an education and provides for the creation of child development centres and community crèches 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 crèches. The Committee also notes the information provided by the Government that one of the specific objectives of the National Strategic Plan for the Prevention and Elimination of Child Labour and the Protection of Young Workers (PEPETI) 2007–16 is to remove children from work and integrate them into the education system. The Committee appreciates the efforts being made by the Government to strengthen the education system and expand its coverage. It requests it to provide information on any progress made following the implementation of the education policy for 2007–11 and the PEPETI 2007–16, with regard to the strengthening of the education system and the expansion of its coverage. It also requests the Government to provide information, including statistics, on the impact of the measures implemented on the enrolment rate of young persons at the secondary level, as well as on the school drop-out rate.

Parts IV and V of the report form. 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 are engaged in work in the country. It also noted with interest that, according to the final evaluation report of the National Strategic Plan 2001–05 of October 2006, child labour has decreased by around 6 per cent since 2000. According to the final evaluation report, 14,075 children have benefited from programmes of action on the worst forms of child labour implemented in the country by the ILO–IPEC. The Committee also noted the statistics on the inspections carried out in relation to the elimination of child labour and the protection of young persons, provided by the Government. It also noted that the Office of the Public Prosecutor has adopted the policy of priority criminal prosecution with special emphasis on the trafficking of persons. According to the Government, this policy is implemented by the unit specializing in gender issues in the department of Managua and, in the rest of the country, by the Office of the Public Prosecutor. The Committee requested the Government to provide information on the implementation of the policy of priority criminal prosecution, particularly with regard to the sale and trafficking of young persons under 18 years of age. It also requested the Government to continue providing statistics and information on the nature, extent and trends of the worst forms of child labour, the number of children protected by the measures giving effect to the Convention, the number and nature of the violations reported, the penalties imposed, etc. To the extent possible, all information provided should be disaggregated by the type of worst form of child labour and by sex.

The Committee notes the statistics provided by the Government concerning the number of enterprises in the country’s various departments and belonging to the various sectors of the economy in which cases of child labour were detected in 2008 and the first half of 2009, the number of children in those enterprises (disaggregated by sex and age group), as well as the number of violations reported. It requests the Government to continue providing statistics and information on the nature, extent and trends of the worst forms of child labour, the number and nature of violations, the investigations, prosecutions and convictions.