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

Employment Policy Convention, 1964 (No. 122) - Nicaragua (Ratification: 1981)

1. The Committee notes the Government's detailed report for the period ending in June 1998. The Government states that it is attempting to create conditions conducive to savings and investment, in line with economic growth and the consequent creation of jobs. Three political objectives have been set: maintenance and consolidation of social peace, promotion of investment, in line with production, and more equitable income distribution. The Committee again recalls that the objectives of full, productive and freely chosen employment must be an integral part of a coordinated economic and social policy (Articles 1 and 2 of the Convention). The Committee hopes that in its next report the Government will indicate to what extent the abovementioned policies have enabled the goals of full, productive and freely chosen employment to be attained. The Government is asked to bear in mind that many aspects of an active employment policy go beyond the competence of the Ministry of Labour. As the report form drawn up by the Governing Body states, the preparation of a full report on the Convention may require consultation with the other ministries concerned, such as those responsible for economic affairs. The Committee trusts that the next report will refer to the subjects related to overall and sectoral development policies set out in the report form for Article 1 of the Convention.

2. The Committee notes the statistical annexes sent by the Government on the urban labour market and its gender implications and on the profiles of the economically active urban population, compiled with the Office's cooperation. Please indicate the action taken as a result of the abovementioned studies, and any way in which the Office's assistance has contributed to the declaration and pursuit of an active employment policy within the meaning of the Convention.

3. The Committee notes the various specific programmes that the Government plans to carry out: promotion of foreign investment, preferential designation of recipients of agricultural loans, generation of emergency jobs and vocational training. The Committee would be grateful if the Government would include in its next report an evaluation of the results obtained by these programmes. With regard to employment generation in export processing zones, the Committee notes that the Ministerial Resolution of 23 January of 1998 on work in export processing zones in the Republic of Nicaragua seeks to promote certain rights of the male and female workers involved. In this connection, the Committee trusts that the Government will continue to try to avoid the adverse effects and stimulate the positive effects on employment of the investments of such enterprises.

4. The information sent by the Government shows that fewer people are employed in the formal than in the informal sector of the economy. The level of unemployment is also very high (close to 14 per cent in 1997), with the majority of the economically active population still employed in low productivity activities, such as subsistence farming and informal trade. The Committee would be grateful if the Government would indicate in its next report the results of any measures it has adopted to increase job opportunities and improve working conditions in the informal sector and to facilitate the latter's gradual integration into the national economy. The Government may find it useful to refer to the relevant provisions of the Employment Policy (Supplementary Provisions) Recommendation, 1984 (No. 169), and the Job Creation in Small and Medium-Sized Enterprises Recommendation, 1998 (No. 189), as a source of guidance for its action.

5. The Committee notes that the Government's report contains no information on the consultations required under Article 3 of the Convention. In these circumstances, it again requests the Government to include in its report the information requested in the report form concerning consultations with representatives of the persons affected by the various aspects of employment policy, particularly any consultations held with representatives of those working in the rural sector and the informal sector.

6. In general, the Committee considers that, in responding to the points raised, it would be advisable for the Government to take account of its comments on the application of other Conventions ratified by Nicaragua which are directly linked to Convention No. 122, such as the Employment Service Convention, 1948 (No. 88), and the Human Resources Development Convention, 1975 (No. 142).