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Comments adopted by the CEACR: Nicaragua

Adopted by the CEACR in 2021

C087 - Observation (CEACR) - adopted 2021, published 110th ILC session (2022)

The Committee notes the observations of the International Organization of Employers (IOE), received on 1 September and 25 October 2021, denouncing acts of persecution, intimidation and repression against leaders of the Superior Council for Private Enterprise (COSEP) and against the business sector affiliated with COSEP, as well as the arbitrary detention of employer leaders without warrant and legal due process. The IOE specifically denounces the arbitrary detention on 8 June 2021 of the former president of COSEP, José Adán Aguerri Chamorro, accused of the crime of conspiracy for undermining national integrity. The IOE also denounces the detention on 21 October 2021, without warrant, of Michael Healy, President of COSEP, as well as its Vice-President, Álvaro Vargas Duarte.
The Committee takes note of the Government’s general reply, which indicates that the detention of Mrs. Aguerri Chamorro, Healy and Vargas Duarte is not related to their activities as employers, but that they are being investigated and prosecuted for various criminal acts. The Government also indicates that their detention was carried out in observance of all rights and guarantees, respecting physical and legal security and integrity. The Committee regrets to note that in its reply the Government merely states that the employer leaders were detained for common law crimes, without providing any information or documentation regarding the charges brought against them, the legal or judicial proceedings instituted and the outcome of such proceedings. The Committee observes that the Inter-American Court of Human Rights and the Inter-American Commission on Human Rights have condemned the detention of the employer leaders and have urged the Government to proceed with their immediate release. The Committee recalls that the rights conferred upon the workers’ and employers’ organizations protected by the Convention are void of meaning if there is no respect for fundamental freedoms, such as the safety and physical integrity of persons, the right to protection against arbitrary arrest and detention, and the right to a fair trial by independent and impartial tribunal. It also recalls that the arrest of employer officials for reasons linked to actions relating to legitimate demands is a serious restriction of their rights and a violation of freedom of association.
Expressing its deep concern at the seriousness of these allegations, the Committee requests the Government to provide precise information on the detentions and, in particular, on the judicial proceedings instituted and their outcome. In the absence of any specific indication of the charges giving rise to the detention of the employer leaders, the Committee urges the Government to take the necessary measures to ensure the safety of Mr Aguerri Chamorro, Healy and Vargas Duarte and ensure their immediate release if their detention is related in any way to the exercise of their functions as employer leaders. It also requests the Government to provide its comments relating to all other issues raised by the IOE, including those regarding the Act regulating foreign agents No. 1040, adopted on 15 October 2020, and the allegation that several sections therein place unacceptable restrictions on freedom of association.
Article 3 of the Convention. Right of workers’ organizations to organize their activities in full freedom and to formulate their programmes. The Committee recalls that for several years it has been referring to the need to take steps to amend sections 389 and 390 of the Labour Code, which provide that collective disputes shall be referred to compulsory arbitration when 30 days have elapsed since the calling of the strike. In this regard, the Committee notes the Government’s indication that: (i) since 2007 to date, the provisions of these articles have not been applied and there has been no need to establish an Arbitration Tribunal; and (ii) the Government has prioritized dialogue to resolve labour disputes in both the public and private sectors by setting up roundtables for dialogue in which the Ministry of Labour participated as facilitator. The Government adds that thus far, the results have been successful and it is therefore not currently necessary to amend sections 389 and 390 of the Labour Code. While taking due note of the Government’s indications regarding the emphasis placed on dialogue as a solution to labour disputes, the Committee can only insist once again on the need to amend the abovementioned provisions of the Labour Code, as the imposition of compulsory arbitration to end a strike, beyond the cases in which a strike may be limited or even prohibited, is contrary to the right of workers’ organizations to freely organize their activities and formulate their programmes. Regretting the lack of progress in this respect, the Committee urges the Government to take the necessary measures to amend sections 389 and 390 of the Labour Code in order to ensure that compulsory arbitration is only possible in cases where strikes may be limited or even prohibited, namely in cases of conflict within the civil service relating to officials exercising authority on behalf of the State, in essential services in the strict sense of the term or in the event of an acute national crisis. The Committee requests the Government to provide information on any developments in this regard.
Article 11. Protection of the right to organize. In its previous comment, the Committee noted the Government’s various initiatives aimed at promoting the right to organize and requested it to provide information concerning their implementation. The Committee notes the information provided by the Government in this respect and notes that the Government’s initiatives have been focused, inter alia, on building trust among the members of trade union organizations in terms of guaranteeing their right to freedom of association, removing red tape in the registration procedures of trade union organizations, promoting the organization of own-account workers, and providing ongoing training for trade union leaders. The Committee notes that, according to the Government, as a result of the abovementioned policies to promote and encourage unionization between 2018 and 2021, 111 new trade union organizations were formed, affiliating 3,902 workers, and 2,884 trade union organizations were updated that grouped together 222,370 workers. The Committee takes due note of this information and requests the Government to continue providing information regarding the initiatives aimed at promoting the right to organize and the results of said initiatives.
[The Government is asked to reply in full to the present comments in 2022.]

C098 - Observation (CEACR) - adopted 2021, published 110th ILC session (2022)

Article 4 of the Convention. Promotion of collective bargaining. In its previous comments, the Committee requested the Government to continue taking initiatives to promote collective bargaining in all areas, including export processing zones, and to provide information on this matter. In this regard, the Committee notes the Government’s indication that: (i) since 2018 until the first quarter of 2021, a total of 24 collective agreements were signed in the country’s export processing zones, covering and benefiting 79,254 workers, 43,374 of whom are women; and (ii) it will continue to promote collective bargaining and dialogue as an instrument to strengthen labour relations in all the economic sectors of the country.
The Committee takes due note of the statistical information provided relating to collective bargaining in export processing zones, as well as the Government’s intention to continue promoting collective bargaining in general. The Committee hopes that the Government will continue taking measures to strengthen the promotion of collective bargaining in all sectors, including export processing zones, and will provide information on the specific action taken in this regard. The Committee also requests the Government to provide fuller information on the collective agreements signed and in force for all private sector and public sector activities, indicating the number of workers they cover.

C122 - Direct Request (CEACR) - adopted 2021, published 110th ILC session (2022)

The Committee notes that the Government’s report does not respond to the questions raised in the direct request of 2019.
COVID-19 pandemic. Socio-economic impact. Response and recovery measures. The Committee invites the Government to provide up-to-date information in its next report on the impact of the COVID-19 global pandemic on employment and the measures taken, in consultation with the social partners, to address this impact when implementing programmes and measures designed to achieve the objectives of the Convention, and also on the results of such programmes and measures.
Articles 1 to 3 of the Convention. Adoption and implementation of an active employment policy in the context of a coordinated economic and social policy. Participation of the social partners. The Committee recalls that since 2011 it has been asking the Government to provide information on the measures taken to formulate a national employment policy designed to promote full, productive and freely chosen employment. The Committee notes that the Government has still not supplied any information in this respect. The Committee also notes that on 1 July 2021 the Government published the National Plan for Poverty Reduction and Human Development 2022–26, which contains various public policies such as the monetary and financial policy and the public investment policy, as well as a series of strategies and actions. The National Plan contains 12 strategic guidelines whose objectives include achieving sustained, sustainable, inclusive and equitable economic growth conducive to increased employment and decent work for all, and also the development of human talents. In this regard, the Plan provides for the adoption of measures such as promoting and facilitating the establishment of new productive and private investment and export-oriented services, both national and foreign, with an estimated investment gain of USD 336.0 million, and the creation of 10,651 decent jobs contributing to poverty reduction. In addition, the National Plan provides for continuing to ensure the establishment and consolidation of mechanisms for coordination, cooperation and inter-institutional linkage with the various economic sectors of the country and with technical and higher training institutions, in order to provide vocational guidance and job placement services, as well as the compilation, processing and analysis of labour market indicators for jobs and wages. To this end, efforts will be made to integrate workers and place them in jobs, through the public employment services, and the Mi primer empleo (My first job) National Programme will be designed and implemented. With regard to labour market trends, according to statistical information from the National Institute of Development Information of Nicaragua (INIDE), in the first quarter of 2021, the national labour participation rate was 69.5 per cent (80.7 per cent of men and 59.4 per cent of women). The labour participation rate was 67 per cent in urban areas, while it was 72.5 per cent in rural areas. On the other hand, the national open unemployment rate was 4.9 per cent (5.2 per cent for men and 4.6 per cent for women), while the national underemployment rate was 44.6 per cent (47.7 per cent for men and 40.8 per cent for women). The Committee notes that the United Nations Committee on Economic, Social and Cultural Rights (CESCR), in its concluding observations of 15 October 2021, expressed concern at the high levels of unemployment in the country, and at the significant number of persons working in the informal economy, particularly women, indigenous persons and Afro-Nicaraguans. It also expressed concern at reports of discrimination on the basis of political opinion affecting persons opposed to and critical of the Government with regard to the exercise and enjoyment of their economic, social and cultural rights, such as the right to work (E/C.12/NIC/CO/5, paras 17 and 21). The Committee therefore once again requests the Government to provide detailed, up-to-date information on: (i) the measures taken to formulate, in consultation with the social partners, an active policy designed to promote full, productive and freely chosen employment; (ii) the various programmes and measures implemented to create employment, including the National Plan for Poverty Reduction and Human Development 2022–26, and also the impact thereof (especially on specific groups such as women, young persons, persons with disabilities, small-scale producers and indigenous and Afro-Nicaraguan communities in rural areas); (iii) the measures taken to promote the transition of workers from the informal to the formal economy, and the impact thereof; (iv) up-to-date statistics, disaggregated by sex, age and region, on the size and distribution of the labour force, and the nature and extent of unemployment.
Youth employment. In its previous comments, the Committee noted the adoption of a series of programmes aimed at promoting youth employment, and asked the Government to send information on the results achieved. However, the Committee notes that the Government’s report does not contain any information in this regard. The Committee once again requests the Government to provide detailed, up-to-date information on the measures taken or envisaged to promote employment for young people, especially those in situations of vulnerability. It further requests the Government once again to send up-to-date statistics, disaggregated by sex, age and region, on the impact of these measures in terms of sustainable youth employment.
Export processing zones. The Committee notes the adoption of the Tripartite Agreement on Export Processing Zones (EPZs), which aims to address the impact of the crisis caused by the COVID-19 pandemic in EPZs. The tripartite agreement includes recommendations aimed at the enterprises concerned so that they implement occupational safety and health measures, and grant employment leave with pro rata wage payments and temporary contract suspensions, prior to the collective temporary suspension of contracts. It also provides for paid breaks from employment for persons in situations of vulnerability (persons over the age of 60 years, pregnant women, and other persons potentially at a high level of risk) and for vacations taken in advance in export processing enterprises. The Committee once again requests the Government to provide up-to-date information, disaggregated by sex and age, on the contribution of export processing zones and the impact of the above-mentioned Tripartite Agreement on Export Processing Zones on the creation of lasting, high-quality employment compatible with the requirements of decent work.
Small and medium-sized enterprises (SMEs). In its previous comments, the Committee asked the Government to send an evaluation of the implementation of the Micro, Small and Medium-Sized Enterprises Development Programme Action Plan (PROMIPYME) and the reactivation of the National Council for Micro, Small and Medium-Sized Enterprises (CONAMIPYME), including information on their impact on areas with the largest concentrations of people living in extreme poverty. However, the Committee notes that the Government has not provided any information in this respect. On the other hand, it notes that the National Plan for Poverty Reduction and Human Development 2022–26 provides for the adoption of measures to promote the growth potential of SMEs, in terms of both their production and their creation of jobs. To achieve this objective, it is planned to adopt measures such as the implementation of 108 plans for the promotion of business projects and SMEs, and to provide training for 1,846 SMEs in the development of business model growth strategies. The Committee once again requests the Government to provide detailed, up-to-date information, including statistics, disaggregated by age and sex, on the impact of the measures adopted by the Government on the development of SMEs and their creation of jobs. The Committee also requests the Government to indicate the results of these measures in relation to reducing the rate of informality.
Article 3. Participation of the social partners in the formulation and implementation of policies. In its previous comments, the Committee asked the Government to provide information on the activities implemented in the context of the National Labour Council for designing employment policies and programmes for the creation of decent work. The Committee notes that the Government has not provided any information in this respect. The Committee once again recalls that Article 3 of the Convention provides that “representatives of the persons affected by the measures to be taken, and in particular representatives of employers and workers, shall be consulted concerning employment policies, with a view to taking fully into account their experience and views and securing their full cooperation in formulating and enlisting support for such policies”. Underlining the importance of the consultations required by the Convention, the Committee once again requests the Government to provide detailed, up-to-date information on the consultations held with the social partners and the representatives of persons affected by employment policies and programmes.
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