Direct Request (CEACR) - adopted 2012, published 102nd ILC session (2013)

Forced Labour Convention, 1930 (No. 29) - Nicaragua (Ratification: 1934)

The Committee notes the observations provided by the Trade Union Unification Confederation (CUS) in August 2011 regarding the imposition of unremunerated overtime in certain sectors of the economy in the absence of any supervision by the labour inspectorate. The CUS refers to workers in the export processing zones (maquilas), to domestic workers who also have no minimum wage, to workers in public hospitals and to people working in call centres. The Committee notes that, in its reply received in January 2012, the Government states that, wherever the authorities have found that overtime has been imposed beyond the eight-hour workday without the consent of the workers, they have insisted that the employers pay proper overtime rates and guarantee that the overtime is voluntary. The Committee requests the Government to ensure that the labour inspectorate has the sufficient means to verify working conditions in the sectors referred to above and, where appropriate, to put a stop to situations that could be tantamount to forced labour, i.e. where workers are obliged to work overtime beyond the limits set by national legislation under the menace of a penalty and without being able to provide their valid consent. The Committee refers in this respect to its observation on the Hours of Work (Commerce and Offices) Convention, 1930 (No. 30).

Articles 1(1), 2(1) and 25 of the Convention. Trafficking in persons. In its previous comments, the Committee referred to section 182 of the Penal Code, which defines the elements which constitute trafficking in persons and provides for prison sentences of between seven to ten years, and requested the Government to provide information on the judicial proceedings initiated on the basis of that provision and on the steps taken to protect victims of trafficking.

The Committee notes that, in its report, the Government provides information on the role played by the national police in combating trafficking in persons and on the steps taken in cooperation with the Public Prosecutor, the Office of the Attorney General, the judicial system, NGOs and the International Organization for Migration (IOM) to prevent and combat trafficking. The public at large has been informed in detail of the activities of these institutions particularly through public information campaigns, press releases and reports on trafficking in persons. The Government refers also to the periodic assessments by the National Coalition against Trafficking in Persons on the implementation of workplans and on government commitments to combat trafficking in persons. With regard to the protection afforded to victims of trafficking, the Government states that, when identified, the victims are not arrested but are assisted by the General Directorate of Migrants and Non-Nationals to regularize their migrant status or to arrange for their repatriation, and that they are put in touch with the Ministry for the Family, which coordinates the assistance and care of victims of trafficking received throughout the period of investigation. Moreover, Act No. 735 of 2010 on the prevention, investigation and prosecution of organized crime, which includes trafficking in persons as an organized crime, contains provisions aimed at protecting the victims and witnesses of such crimes so that they can testify. Finally, the Government provides statistics on the 11 judicial proceedings for trafficking initiated under section 182 of the Penal Code for the years 2008–11, four of which resulted in prison sentences being imposed on perpetrators.

The Committee observes that the information provided by the Government bears witness to the steps taken to combat trafficking in persons and hopes that it will continue taking action in this respect. It therefore requests the Government to provide information on the activities of the National Coalition against Trafficking of Persons, on the regular assessments of the anti-trafficking strategy made by the Coalition and on the follow-up action taken. It also request the Government to indicate the measures taken to increase the resources and capacity of law enforcement bodies (labour inspectorate, police, public prosecutor and the courts) as well as to ensure better protection of victims and enable them to assert their rights. Finally, the Committee requests the Government to provide information on the judicial procedures initiated under section 182 of the Penal Code and to indicate the sanctions applied.

Article 2(2)(c). Imposition Committee of labour for the benefit of the community. In its previous comments, the Committee asked the Government to provide examples of work carried out in the form of penal labour for the benefit of the community as provided for in section 62 of the Penal Code, together with a list of bodies authorized to benefit from such labour. The Committee notes that the Government states in its report that no such had been elaborated. The Committee requests the Government to indicate whether there have been instances of labour in the interest of the community being imposed by the courts and, if so, to provide examples of the work carried out by people so sentenced as well as of private bodies for which such work is carried out.