Direct Request (CEACR) - adopted 1993, published 80th ILC session (1993)

Abolition of Forced Labour Convention, 1957 (No. 105) - Nicaragua (Ratification: 1967)

1. Article 1(a) and (d) of the Convention. In previous comments the Committee has referred to section 523 of the Penal Code, under which an incommutable penalty of from six months to two years' imprisonment is inflicted on any person who organizes or belongs to communist parties, parties with another name that support the same or similar ideas or any other internationally organized party, and on any person who assists or participates in the activities of the parties referred to, with assemblies, meetings and the preparation, printing, introduction and distribution of any kind of propaganda in the country. Under subsection 3 of section 523 the same penalty can be imposed on any person who cooperates or in any way encourages the continuation of a strike that has been declared unlawful. The Committee has also referred to sections 224, 225(3), 227, 228, 314 and 320 of the Labour Code which impose restrictions on the peaceful exercise of the right to strike, which are enforceable by penalties of imprisonment pursuant to section 523 of the Penal Code.

The Committee has also referred to the following sections of the Penal Code: section 261 which provides for an incommutable sentence of imprisonment of from two months to two years for newspaper owners, speakers, lecturers and artists who, in the exercise of their profession, clearly and directly incite the people to commit the offences of riot or disorder (section 260(c)(1)); disseminate doctrines obviously contrary to morality, the democratic foundations of the State and public order (section 260(c)(3)); maliciously invent or distort news, events or ideas, to the moral or physical detriment of the nation, a community or a given person or persons (section 260(c)(4)). Section 522 of the Penal Code, under which an incommutable sentence of from six months to two years' imprisonment is imposed on any person who incites to the non-observance of the Constitution of the State or attacks the republican and democratic regime established by it or who directly encourages such activities. Section 510 of the Penal Code under which persons who, without rebelling against the Government or refusing to acknowledge the departmental or local authorities, meet in disorder to call on the authorities with violence, shouts, insults or threats to dismiss some subordinate official, release some prisoner or punish an offender and are guilty of the offence of riotous assembly are liable to a sentence of from four to six months' imprisonment. Under section 512, conspiring to commit the offence of riotous assembly can be punished with imprisonment of from one to four months.

The Committee takes note of the Government's statement in its report that it is aware of the discrepancy between section 523 of the Penal Code and the labour legislation, and that the Committee's comments will therefore be referred to the Legislative Assembly so that it can examine the possibility of repealing these provisions.

The Committee notes Order No. 069-86, sent by the Government, which is the basic text on penal rehabilitation within the national penitentiary system, sections 2(c) and 39 of which establish the voluntary nature of work performed by inmates. The Committee asks the Government to indicate whether the system provided for in the basic text on penal rehabilitation applies to persons sentenced to imprisonment.