Demande directe (CEACR) - adoptée 2018, publiée 108ème session CIT (2019)

Convention (n° 182) sur les pires formes de travail des enfants, 1999 - Nicaragua (Ratification: 2000)

Autre commentaire sur C182

Observation

Demande directe

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Articles 3(a) and 7(1) of the Convention. Sale and trafficking of children and penalties. In its previous comments the Committee requested the Government to provide information on the implementation of the Act against trafficking in persons of 2015, and on the activities of the National Coalition against Trafficking in Persons with a view to combating the trafficking of children and the protection of victims. The Committee requested the Government to provide information on the number of violations reported, investigations, prosecutions, convictions and penalties applied under the Act against trafficking in children.

The Committee notes from the Government’s report the various training and awareness-raising activities undertaken by the National Coalition against Trafficking in Persons, coordinated by the Ministry of the Interior. These activities consisted of: (i) 127 working groups on the prevention of trafficking in persons; (ii) 88 specific training courses on the Act against trafficking in persons (Act No. 896) for 43,098 public officials from 13 governmental bodies; (iii) 522 prevention activities organized on the subject of trafficking in persons and in children, such as community assemblies, training, seminars, forums, mobile cinema and discussions with children in primary and secondary education; and (iv) 7,656 awareness-raising activities on the prevention of the crime of trafficking in persons, including nine televised campaigns, 66 radio campaigns, 6,883 brochures and 700 posters and flyers. In total 393,762 persons, including public officials have been subject to awareness-raising or trained on trafficking in persons.

The Committee takes due note of the investigations carried out into five cases of trafficking in persons, which resulted in assistance being provided to 12 persons, including four children, three prosecutions followed by convictions at the Supreme Court of Justice and eight persons investigated by the judiciary. The Committee therefore requests the Government to continue providing information on the number of violations reported, investigations, prosecutions, convictions and penalties applied in cases of trafficking in children.

Article 3. Clause (d). 1. Hazardous work in agriculture. In its previous comments, the Committee requested the Government to continue intensifying its efforts to ensure that children under 18 years of age employed in agriculture are not engaged in hazardous types of work and requested the Government to provide information on the number of inspections carried out, violations reported and penalties imposed.

The Committee notes from the Government’s report that the special inspection services carried out 278 inspections in the agricultural sector in 2017,detecting 118 violations involving children. According to the Government, the corresponding measures were applied by labour inspectors for the violations detected. Nevertheless, the Government’s report does not provide further information on the type of penalties imposed. The Committee therefore requests the Government to provide additional information on the nature of the violations detected and the penalties imposed in its next report.

2. Hazardous child domestic labour. In its previous comments, the Committee requested the Government to pursue its efforts to ensure the protection guaranteed by Act No. 666 of 4 September 2008 to children and young persons in domestic work and to continue providing information on the number of inspections carried out, and the penalties imposed on those responsible for the violations.

The Committee notes the Government’s indication in its report that 78 labour inspections were carried out in households, during which 48 violations were detected concerning young persons engaged in domestic work. Measures were taken on the spot by labour inspectors to bring these violations to an end. According to the Government’s indications in its report, the Committee nevertheless notes a significant fall in the number of labour inspections (1,999 inspections in 2016 compared with 78 in 2017). The Committee urges the Government to reinforce labour inspections and once again requests the Government to indicate whether penalties have been imposed on those responsible for the violations found.

Article 7(2). Effective and time-bound measures. Clause (b). Direct assistance for the removal of children from the worst forms of child labour and for their rehabilitation and social integration. Trafficking and sexual exploitation of children. In its previous comments the Committee requested the Government to provide information on the number of children removed from the worst forms of child labour and who have benefitted from the services of private centres or from other rehabilitation and social integration measures. The Committee requested the Government to provide information on the measures taken to remove all children under 18 years of age from trafficking and commercial sexual exploitation and to ensure their rehabilitation and social integration.

The Committee notes the absence of information in the Government’s report on the trafficking and commercial sexual exploitation of children. The Committee once again requests the Government to provide detailed information on the time-bound measures taken to remove all children under 18 years of age from trafficking and commercial sexual exploitation and for their rehabilitation and social integration. It also requests the Government to indicate the number of children removed from these worst forms of child labour who have benefited from the services of private shelters or from other rehabilitation and social integration measures.

Article 7(2). Clause (d). Children at special risk. Street children. In its previous comments, the Committee noted the high number of children living on the streets and the Government’s indication that various measures were being taken to address the issue in the context of the implementation of the “Love” programme, which is the national strategy to assist street children. The Committee requested the Government to pursue its efforts and to continue providing information on the measures taken and the results achieved to protect these children from the worst forms of child labour.

The Committee takes due note of the Government’s report, according to which the “Love” programme has provided support to 113 girls, boys and young persons who were working on the streets. They have been integrated in a day prevention centre, the “Zacarias Guerra” centre, with a view to raising their educational level to enable them to join the current academic year. Furthermore, these children have attended various technical courses according to their individual interests, such as jewellery making, painting, baking and cooking. The Committee notes that this programme aims to promote collaboration between institutions to ensure girls’, boys’ and young persons’ access to social integration, and continued schooling. The programme has also enabled them to attend vocational training courses, socio educational and sports activities, recreational and cultural activities. The programme has also provided the families of the children vocational training courses, socio-educational workshops and family advice services. The Committee takes due note of the psychological care provided to girls, boys and young persons by the centre throughout the process. In view of the vulnerability of children in street situations, the Committee once again requests the Government to continue providing information on the measures taken by the Government to protect street children under 18 years of age from the worst forms of child labour.

Article 8. International cooperation. Protocol on the repatriation of child victims of trafficking. In its previous comments, the Committee requested the Government to provide information on the measures taken for the implementation of the regional initiative “Latin America and the Caribbean free of child labour”, which has the mandate of reinforcing intergovernmental cooperation to combat child labour through preventive action and institutional coordination, both within and between sectors.

The Committee notes the Government’s indication that there has been an improvement in the exchange of information between police forces at the regional level through the regional operations of the programme “ROCA I Regional Operation”, undertaken jointly by the countries of Central America, Mexico, the Caribbean and Colombia. The Committee encourages the Government to continue its efforts of regional cooperation to combat trafficking. It once again requests the Government to provide information on the measures taken for the implementation of the regional initiative “Latin America and Caribbean free of child labour”.