Observation (CEACR) - adopted 2018, published 108th ILC session (2019)

Social Policy (Basic Aims and Standards) Convention, 1962 (No. 117) - Nicaragua (Ratification: 1981)

Parts I and II of the Convention. Improvement of standards of living. In its previous comments, the Committee requested the Government to provide information on the results achieved by the National Human Development Plan (PNDH 2012–16) and the other initiatives adopted with a view to ensuring the improvement of the living standards of the population. In this regard, the Committee notes the adoption, in February 2018, of the Country Partnership Framework for Nicaragua for the period 2018–22 with the World Bank, to reduce poverty and promote prosperity for more Nicaraguans. The main objectives of the Framework are to invest in human resources, particularly with regard to groups in vulnerable situations (women, young people, small-scale producers who practise subsistence agriculture, and indigenous communities and communities of African descent in rural areas such as the Corredor Seco and Caribbean regions, in which the majority of people live in poverty and extreme poverty), promote private investment for job creation. Furthermore, in accordance with the document containing the Framework, and given that 80 per cent of the population are vulnerable or poor, and that the labour force will continue to expand over the next 20 years, the Framework also envisages investing in activities focused on improving the functioning of the economy as a whole, ensuring more rapid growth, and helping to create more and better jobs. The Committee observes, however, that the Government’s report does not provide information on the results achieved by the PNDH 2012–16, or on the measures adopted to improve the living standards of the population.

The Committee expresses deep concern regarding the serious situation in the country, which stems from the political and social crisis following the protests that began on 18 April 2018, and which has had a serious impact on the living conditions of the population. In this regard, the Committee notes the information included in the report of the United Nations Office of the High Commissioner for Human Rights (OHCHR) entitled Human rights violations and abuses in the context of protests in Nicaragua, 18 April–18 August 2018, which expresses concern about human rights violations and abuses in the context of the protests in Nicaragua. The Committee notes that, according to the above report, the independent Nicaraguan Foundation for Economic and Social Development (FUNIDES) estimated that, since the beginning of the crisis, 215,000 individuals had lost their jobs and 131,000 had fallen below the poverty line as of 28 June 2018. The report states that the crisis was also characterized by an unprecedented wave of illegal occupations of private land by pro-Government groups. According to the estimations of the Union of Nicaraguan Agricultural Producers (UPANIC), by 31 July 2018, around 4,000 hectares of land had been illegally occupied in the seven departments of the Pacific and the centre of the country. The Higher Council of Private Enterprises (COSEP) has reported other violations of rights, including attacks against enterprises and unjustified delays in the clearance of imported goods. Furthermore, the enjoyment of the right to health has been significantly affected by the crisis, with an estimated 2,000 people injured during the protests. On 25 May 2018, the Nicaraguan Medical Association publicly denounced the manipulation of the public health system through the refusal of medical care for the individuals injured during the protests, including the closure and cordoning-off of hospitals by the authorities, police and/or pro-Government armed elements. Moreover, physicians and other health professionals, including nurses and administrative staff, have been dismissed for treating injured individuals during the protests or for their alleged involvement in the protests, in the same manner as teachers who supported the protests. The Committee also notes that, according to the report, on 14 August 2018, the National Assembly adopted a law that cut public spending by almost US$185 million (approximately 7 per cent of the annual budget). The report indicates that these measures will affect government projects in sectors such as health, housing, justice and education, and could jeopardize the enjoyment of the right to work, health, education and food by the majority of the population, which has already been experiencing the adverse effects of the crisis in recent months. The Committee observes that, according to the information published in October 2018 by the World Bank, which is available on its website, after achieving a record growth rate of 5.1 per cent in 2011, the economy slowed from 4.7 per cent in 2016 to 4.5 per cent in 2017, with a further contraction of 3.8 per cent forecast for 2018. The Committee therefore requests the Government to provide detailed information, including statistics disaggregated by sex and age, on the results achieved by the National Human Development Plan (PNDH 2012–16), the Country Partnership Framework for Nicaragua for 2018–22, and on any measures aimed at ensuring the improvement of the standards of living of the Nicaraguan population (Article 2), particularly with regard to groups in vulnerable situations, such as women, young people, people with disabilities, small-scale producers engaged in subsistence agriculture, and indigenous communities and communities of African descent. While noting the harm caused to the living conditions of the population as a result of the political and social crisis in the country, the Committee requests the Government to take the necessary steps to ensure that these measures take into account essential family needs of workers such as food and its nutritive value, housing, clothing, medical care and education (Article 5(2)). It also requests the Government to supply information on any measures taken in this regard and their outcome. In this context, the Committee reminds the Government of the possibility of availing itself of ILO technical assistance.

Part III. Migrant workers. In reply to the Committee’s previous comments, the Government states that, under the agreement concluded with Costa Rica, 28,452 Nicaraguan workers migrated to Costa Rica in a regulated and orderly manner during the different agricultural cycles between 2006 and 2018. The Government indicates that the majority of migrant workers are men working in the agricultural sector in the production of sugar cane, melons and pineapples. The Committee notes that, in its concluding observations of 11 October 2016, the UN Committee on the Protection of the Rights of All Migrant Workers and Members of their Families (CMW) observed the considerable number of frontier workers and seasonal workers migrating, in particular to Costa Rica, and increasingly, to Honduras, El Salvador and Panama. The CMW also observed with concern that this migration from the State party was largely driven by poverty, inequality and social exclusion, which could put Nicaraguan migrant workers and members of their family into precarious or insecure situations (CMW/C/NIC/CO/1, paragraphs 51 and 65). The Committee requests the Government to provide updated and detailed information on the measures adopted to ensure that the working conditions of migrant workers who are required to live away from their homes take into account their family needs. The Committee also requests the Government to supply statistical data, disaggregated by sex and age, on the number of migrant workers required to live away from their homes.

Article 13. Voluntary savings. In its previous comments, the Committee requested the Government to provide information on the manner in which savings and credit cooperatives had contributed to encouraging voluntary forms of savings among wage earners and independent producers. The Government indicates that the Minister of the Family Economy, Communities, Cooperatives and Associations (MEFCCA) has registered 277 savings and credit cooperatives, in which 107,615 workers and producers are participating. However, the Committee notes that, in its concluding observations of 11 October 2016, the CMW observed with concern the lack of measures to support access to financial institutions and to promote financial literacy, particularly among women (CMW/C/NIC/CO/1, paragraph 49). The Committee requests the Government to continue supplying updated and detailed information on the measures adopted to encourage wage earners and independent producers to practice the voluntary forms of thrift covered by the Convention. It also requests the Government to indicate the measures adopted to protect wage earners and independent producers against usury, and particularly to specify the measures taken with a view to reducing the rates of interest on loans by the control of the operations of moneylenders, and the encouragement of facilities for borrowing money for appropriate purposes through cooperative credit organizations or through institutions which are under the control of the competent authority. The Committee also requests the Government to provide information on the measures adopted in this regard that are aimed specifically at women.

[The Government is asked to supply full particulars to the Conference at its 108th Session and to reply in full to the present comments in 2019.]