In 2019, Nicaragua made a minimal advancement in efforts to eliminate the worst forms of child labor. The government signed 6,129 cooperative agreements with employers to prevent the hiring of minors and released some information related to its labor law enforcement efforts. However, children in Nicaragua engage in the worst forms of child labor, including in commercial sexual exploitation, sometimes as a result of human trafficking. Children also perform dangerous tasks in agriculture. Laws do not establish a clear compulsory education age, and national policies to eliminate child labor and protect children have not been fully implemented. The government also lacks a specific and consistent mechanism to coordinate efforts to address child labor, and it reallocated resources away from activities geared towards preventing child labor and enforcing related laws.
Children in Nicaragua engage in the worst forms of child labor, including in commercial sexual exploitation, sometimes as a result of human trafficking. Children also perform dangerous tasks in agriculture. (1-3) Table 1 provides key indicators on children's work and education in Nicaragua.
|
Children |
Age |
Percent |
|---|---|---|
|
Working (% and population) |
10 to 14 |
47.7 (342,076) |
|
Working children by sector |
10 to 14 |
|
|
Agriculture |
53.5 |
|
|
Industry |
8.7 |
|
|
Services |
37.8 |
|
|
Attending School (%) |
10 to 14 |
88.3 |
|
Combining Work and School (%) |
10 to 14 |
40.3 |
|
Primary Completion Rate (%) |
84.9 |
Source for primary completion rate: Data from 2010, published by UNESCO Institute for Statistics, 2020. (4)
Source for all other data: International Labor Organization's analysis of statistics from Encuesta Continua de Hogares (ECH), 2012. (5)
Based on a review of available information, Table 2 provides an overview of children's work by sector and activity.
|
Sector/Industry |
Activity |
|---|---|
|
Agriculture |
Harvesting coffee, bananas, tobacco,† and sugarcane (1,6,7) |
|
Raising livestock† (8-10) |
|
|
Collecting shellfish† (9) |
|
|
Industry |
Construction,† including transporting materials† (8-10) |
|
Quarrying† of pumice and limestone, and mining† of gold (1,9,11) |
|
|
Production of gravel (crushed stones)† (12,13) |
|
|
Services |
Domestic work (8,9) |
|
Work in transportation† and as couriers† (8,9) |
|
|
Work in tourism and the hotel industry (8) |
|
|
Street work, including vending,† washing car windshields,† and performing at stoplights† (8,9,14,15) |
|
|
Garbage scavenging† (16) |
|
|
Categorical Worst Forms of Child Labor‡ |
Commercial sexual exploitation, sometimes as a result of human trafficking, and use in the production of pornography (8,9,11,17-20) |
|
Domestic work as a result of human trafficking (19-21) |
|
|
Forced begging, sometimes as a result of human trafficking (11,21) |
|
|
Use in illicit activities, including in drug production and drug trafficking (8) |
† Determined by national law or regulation as hazardous and, as such, relevant to Article 3(d) of ILO C. 182.
‡ Child labor understood as the worst forms of child labor per se under Article 3(a)–(c) of ILO C. 182.
Information about the prevalence of child labor in Nicaragua is limited because the last known national survey on child labor was published in 2012. (8,22) However, available research indicates that children are subjected to commercial sexual exploitation, particularly in Granada, Managua, the Caribbean Autonomous Regions, and San Juan del Sur. (11,18,23) Children from poor, rural areas, those in the Caribbean Autonomous Regions, and migrants from the Northern Triangle countries, are particularly vulnerable. (11) Limited research suggests that the 2018 political upheaval in Nicaragua resulted in the Nicaraguan National Police focusing resources on responding to anti-government protests, possibly impacting public security and leaving children more vulnerable to commercial sexual exploitation. During the reporting year, the government also reallocated resources away from activities such as preventing child labor and enforcing related laws. (8,11,20)
Children in Nicaragua who lack identification documents, sometimes due to a lack of birth registration, may not have access to social services and are at an increased risk of human trafficking and commercial sexual exploitation. (24) An estimated 15 percent of children born in Nicaragua lack birth certificates. (25-27)
Education is free and compulsory in Nicaragua; however, the costs associated with school supplies and transportation make it difficult for some children, particularly those from poor backgrounds and rural areas, to attend school. (8,28) Limited research indicates that investment in secondary schools has lagged behind investment in primary schools and that secondary school attendance remains low, increasing the risk that older children engage in exploitative work. (29)
Nicaragua has ratified all key international conventions concerning child labor (Table 3).
|
Convention |
Ratification |
|---|---|
|
ILO C. 138, Minimum Age |
✓ |
|
ILO C. 182, Worst Forms of Child Labor |
✓ |
|
UN CRC |
✓ |
|
UN CRC Optional Protocol on Armed Conflict |
✓ |
|
UN CRC Optional Protocol on the Sale of Children, Child Prostitution and Child Pornography |
✓ |
|
Palermo Protocol on Trafficking in Persons |
✓ |
The government has established laws and regulations related to child labor (Table 4). However, gaps exist in Nicaragua's legal framework to adequately protect children from the worst forms of child labor, including establishing a compulsory education age.
|
Standard |
Meets International Standards |
Age |
Legislation |
|---|---|---|---|
|
Minimum Age for Work |
Yes |
14 |
Article 131 of the Labor Code; Article 73 of the Childhood and Adolescence Code; Article 84 of the Constitution (30-33) |
|
Minimum Age for Hazardous Work |
Yes |
18 |
Articles 130 and 133 of the Labor Code; Article 1 of Ministerial Agreement No. JCHG-08-06-10; Articles 2 and 74 of the Childhood and Adolescence Code (10,30-32) |
|
Identification of Hazardous Occupations or Activities Prohibited for Children |
Yes |
Articles 1–7 of Ministerial Agreement No. JCHG-08-06-10; Article 133 of the Labor Code (10,30) |
|
|
Prohibition of Forced Labor |
Yes |
Article 40 of the Constitution; Articles 61–63 of the Law Against Trafficking in Persons; Articles 182–183 and 315 of the Penal Code (33-35) |
|
|
Prohibition of Child Trafficking |
Yes |
Articles 61–63 of the Law Against Trafficking in Persons; Articles 182–183 and 315 of the Penal Code (34,35) |
|
|
Prohibition of Commercial Sexual Exploitation of Children |
Yes |
Article 61 of the Law Against Trafficking in Persons; Articles 175–183 of the Penal Code; Articles 5 and 26 of the Childhood and Adolescence Code (32,34,35) |
|
|
Prohibition of Using Children in Illicit Activities |
Yes |
Article 61 of the Law Against Trafficking in Persons; Articles 358–359 and 362 of the Penal Code; Article 71 of Law 285 (Reform to the Narcotics Law); Article 79 of the Childhood and Adolescence Code (32,34-36) |
|
|
Minimum Age for Voluntary State Military Recruitment |
Yes |
18 |
Annex 1 of the Code on the Organization, Jurisdiction, and Social Welfare of the Military (37) |
|
Prohibition of Compulsory Recruitment of Children by (State) Military |
N/A* |
||
|
Prohibition of Military Recruitment by Non-state Armed Groups |
Yes |
Article 509 of the Penal Code; Article 95 of the Constitution (33,34) |
|
|
Compulsory Education Age |
No |
12‡ |
Article 121 of the Constitution; Articles 19 and 23 of the Education Law; Article 43 of the Childhood and Adolescence Code (32,33,38) |
|
Free Public Education |
Yes |
Article 121 of the Constitution; Articles 8, 19, and 23 of the Education Law; Article 43 of the Childhood and Adolescence Code (32,33,38) |
* No conscription (33)
‡ Age calculated based on available information (32,33,38)
Nicaraguan law is not clear regarding the age up to which education is compulsory. Article 121 of the Constitution states that primary school education is compulsory; however, it does not specify an age. (33) Under Articles 19 and 23 of the Education Law, education is compulsory only through the sixth grade, which it specifies is up to age 12 and the end of primary school. (38) Article 43 of the Childhood and Adolescence Code states that both primary and secondary school education are compulsory, suggesting up to age 17; however, it does not specifically state an age. (32) The lack of clarity regarding the age up to which education is compulsory and the potential gap between the compulsory education age and the minimum age for work may leave children vulnerable to child labor, including its worst forms. (39)
The government has established institutional mechanisms for the enforcement of laws and regulations on child labor (Table 5). However, gaps exist within the operations of the Ministry of Labor (MITRAB) that may hinder adequate enforcement of their child labor laws.
|
Organization/Agency |
Role |
|---|---|
|
Ministry of Labor (MITRAB) |
Enforces labor laws and sets child labor policy priorities. Conducts labor inspections through its General Labor Inspectorate, and conducts child labor inspections through its Child Labor Inspections Unit. (20) Conducts training on child labor issues and inspections. Maintains a mailbox in each of Nicaragua's 17 departments to receive complaints of child labor violations. (20) |
|
Nicaraguan National Police |
Addresses cases of child labor and human trafficking through the Police Intelligence Unit, which detects crimes, and the Special Crimes Unit, which investigates crimes. Maintains a hotline for reporting violations of children's rights. (20,40) |
|
Ministry of Governance |
Coordinates participation between MITRAB and the Nicaraguan National Police in labor inspections in which employers resist inspection. (20) |
|
Prosecutor's Office |
Prosecutes cases of child trafficking, commercial sexual exploitation, and the use of children in illicit activities. Contains 2 national-level and 35 department-level prosecutors who prosecute these and other crimes. (20) |
|
Human Rights Attorney for Children |
Assists in the enforcement of laws related to child labor and hazardous child labor. (20) |
|
Ministry of the Family, Adolescence, and Childhood (MIFAN) |
Maintains a hotline for receiving reports on human trafficking and commercial sexual exploitation. Assists in providing officials with training on child labor violations. (41) Maintains a guide for the provision of assistance to victims of commercial sexual exploitation and coordinates among agencies responsible for their care, as a part of the National Social Welfare System. (40) In 2019, coordinated services for child trafficking victims, including medical and legal services and access to education, and led a workshop for 30 employees of NGOs working in the prevention and protection of children and adolescent victims of sexual violence and trafficking in persons. (2,19) |
Labor Law Enforcement
In 2019, labor law enforcement agencies in Nicaragua took actions to combat child labor (Table 6). However, gaps exist within the operations of MITRAB that may hinder adequate labor law enforcement, including resource allocation.
|
Overview of Labor Law Enforcement |
2018 |
2019 |
|---|---|---|
|
Labor Inspectorate Funding |
$1,286,249 (8,42) |
$1,200,000 (20) |
|
Number of Labor Inspectors |
97 (42) |
97 (20) |
|
Inspectorate Authorized to Assess Penalties |
Yes (8,30) |
Yes (20,30) |
|
Initial Training for New Labor Inspectors |
Yes (8,42) |
Yes (20) |
|
Training on New Laws Related to Child Labor |
Yes (8,42) |
N/A |
|
Refresher Courses Provided |
Yes (8,42) |
Unknown(20) |
|
Number of Labor Inspections Conducted |
13,830 (8,42) |
13,529 (20) |
|
Number Conducted at Worksite |
Unknown |
Unknown (20) |
|
Number of Child Labor Violations Found |
262 (8) |
272 (20) |
|
Number of Child Labor Violations for Which Penalties Were Imposed |
Unknown (8) |
Unknown (20) |
|
Number of Child Labor Penalties Imposed that Were Collected |
Unknown (8) |
Unknown (20) |
|
Routine Inspections Conducted |
Yes (8) |
Yes (20) |
|
Routine Inspections Targeted |
Yes (8) |
Yes (20) |
|
Unannounced Inspections Permitted |
Yes (8) |
Yes (20) |
|
Unannounced Inspections Conducted |
Yes (8) |
Unknown (20) |
|
Complaint Mechanism Exists |
Yes (8) |
Yes (20) |
|
Reciprocal Referral Mechanism Exists Between Labor Authorities and Social Services |
Yes (8) |
Yes (20) |
A lack of resources may hinder MITRAB's capacity to enforce child labor laws. (8,9,43) The number of labor inspectors is likely insufficient for the size of Nicaragua's workforce, which includes approximately 3 million workers. According to the ILO's technical advice of a ratio approaching 1 inspector for every 15,000 workers in industrializing economies, Nicaragua would employ about 203 inspectors. (44-46) Government officials and NGOs have reported that child labor inspections throughout the country, particularly in agricultural areas, are limited due to personnel constraints and insufficient transportation and other resources. (40) Furthermore, Nicaragua has a large informal and rural workforce, and the General Labor Inspectorate may be unable to adequately cover the country's vulnerabilities to, and the magnitude of, labor violations. (9) In 2019, MITRAB signed 6,129 cooperative agreements with businesses that pledged not to use child labor. (20)
Criminal Law Enforcement
In 2019, criminal law enforcement agencies in Nicaragua took actions to combat child labor (Table 7). However, gaps exist within the operations of the criminal enforcement agencies that may hinder adequate criminal law enforcement, including a lack of publicly available enforcement data to inform monitoring and investigations of the worst forms of child labor.
|
Overview of Criminal Law Enforcement/strong> |
2018/strong> |
2019 |
|---|---|---|
|
Initial Training for New Criminal Investigators |
Yes (8) |
Yes (20) |
|
Training on New Laws Related to the Worst Forms of Child Labor |
Yes (8) |
N/A |
|
Refresher Courses Provided |
Yes (8) |
Unknown (20) |
|
Number of Investigations |
Unknown (8) |
2 (20) |
|
Number of Violations Found |
Unknown (8) |
2 (20) |
|
Number of Prosecutions Initiated |
Unknown (8) |
6 (20) |
|
Number of Convictions |
Unknown (8) |
Unknown (20) |
|
Imposed Penalties for Violations Related to The Worst Forms of Child Labor |
Unknown |
Unknown (20) |
|
Reciprocal Referral Mechanism Exists Between Criminal Authorities and Social Services |
Yes (8) |
Yes (20) |
Research did not find the number of criminal investigators employed by the Nicaraguan National Police or Prosecutor General's Office during the reporting period. Other key enforcement information was similarly not available. (9)
The government investigated two cases of commercial child sexual exploitation; however, this number is low compared to the severity of the problem in the country. (20) Research indicates that criminal law enforcement agencies lack sufficient financial resources to adequately carry out criminal investigations, and efforts related to the worst forms of child labor do not adequately address the scope of the problem. (47,48)
Although the Ministry of the Family, Adolescence, and Childhood maintains a guide for assisting child victims of commercial sexual exploitation, reports indicate that the government had no formal procedures for the identification of human trafficking victims among high-risk populations, including children who are trafficked for commercial sexual exploitation. (21,49)
The government has established mechanisms to coordinate its efforts to address child labor (Table 8). However, gaps exist that hinder the effective coordination of efforts to address child labor, including financial resources.
|
Coordinating Body |
Role & Description |
|---|---|
|
National Social Welfare System |
Coordinates efforts on child labor and ensures that government institutions protect the rights of children and provide social services to them as part of its mandate to assist the Nicaraguan population. Comprises various government ministries, including MITRAB, MIFAN, the Ministry of Education (MINED), the Ministry of Health (MINSA), and the Ministry of Governance. (42,43,50) |
|
National Coalition Against Trafficking in Persons |
Coordinates efforts to address human trafficking for labor and commercial sexual exploitation. Led by the Ministry of Governance and comprises law enforcement agencies, the Supreme Court of Justice, and NGOs. (23) During the reporting year led 15 departmental and 43 municipal working groups in capacity building and awareness-raising engagements on trafficking in persons. (2) |
Although the National Coalition Against Trafficking in Persons (NCATIP) led several working groups in 2019, for the third year in a row, NCATIP did not engage local civil society, despite being required to do so by law. Local civil society organizations were also unable to corroborate increased NCATIP activity in the local working groups. (2,11,19,23) The NCATIP also did not appoint its Executive Secretariat, which is mandated by the Law Against Trafficking in Persons. (11)
Reporting indicates that the National Social Welfare System does not have a specific and consistent coordinating mechanism due to limited coordination among constituent ministries and a lack of financial resources dedicated to combating child labor. (13,40) In addition, coordination between the National Social Welfare System and NGOs that address child labor is limited. (41)
The government has established policies related to child labor (Table 9). However, policy gaps exist that hinder efforts to address child labor, including implementation of the Roadmap to Make Central America, Panama, and the Dominican Republic a Child Labor Free Zone and the Good Government Plan.
|
Policy |
Description |
|---|---|
|
Roadmap to Make Central America, Panama, and the Dominican Republic a Child Labor Free Zone |
Sets the goal of eliminating the worst forms of child labor by 2015 and all forms of child labor by 2020. (51) There was no indication during the reporting period that the government took actions to implement the Roadmap. (8) |
|
Good Government Plan |
Sets development goals for government ministries, including MITRAB, MINED, and MINSA. Prioritizes human trafficking investigations; aims to protect children from commercial sexual exploitation; and commits to training teachers by creating 1,000 primary school teaching positions, and increasing access to education, including for indigenous and Afro-descendant children. (52) Research was unable to determine whether activities were undertaken during the reporting period to implement the Good Government Plan. |
|
National Action Plan on Human Trafficking 2018–2022 |
A four-pronged approach to improve awareness, capacity building, trainings, victim protection, and monitoring. The Supreme Court of Justice oversaw the design and implementation of the plan. IOM collaborated by editing the document and provided training for government officials. (11) Research was unable to determine whether activities were undertaken during the reporting period to implement the National Action Plan on Human Trafficking. |
|
National Strategy for the Comprehensive Care and Assistance to Victims of Human Trafficking |
Describes the process for identifying and assisting victims. (2) |
In 2019, the government funded and participated in programs that include the goal of eliminating or preventing child labor (Table 10). However, gaps exist in these social programs, including the scope of their operations.
|
Program |
Description |
|---|---|
|
Love Program (Programa Amor)† |
MIFAN program that supports vulnerable or impoverished children, including children involved in child labor, such as street work. Provides educational assistance for children and vocational training for parents. (53) Overseen by Nicaragua's Vice President in coordination with MINED, MINSA, MITRAB, and the Ministry of Governance. Includes children from birth to age 6 through the Love Program for the Smallest Ones. (53) There is little to no information available from the government regarding the impacts of the program during the 13 years since its creation. (54,55) |
|
Educational Bridges (Puentes Educativos)† |
MITRAB and MINED public-private partnership implemented by World Vision that provides education to children of coffee workers to prevent child labor during coffee harvests. (56,57) Research was unable to determine whether activities were undertaken during the reporting period to implement Educational Bridges. |
|
Integral School Meal Program (Merienda Escolar)† |
MIFAN and WFP initiative that provides children and adolescents with meals at school to address poverty and improve attendance. (40,41) In 2019, the government provided food 5 days a week to a total of 1,200,000 Nicaraguan preschool and elementary school children in more than 5,000 schools. (58,59) |
|
National School Supply Program (Paquete Escolar)† |
MINED program that distributes packages of school supplies to preschool, primary, and secondary school children in the poorest districts to increase attendance and completion rates. (41) During the reporting period, planned to deliver 1 million school packages to children throughout Nicaragua, and reports indicate that the program was implemented throughout the year. (60,61) |
|
Birth Registration Campaign† |
Government initiative, in coordination with Save the Children and UNICEF, to advance birth registration campaigns. (9) Research was unable to determine whether activities were undertaken during the reporting period to implement this initiative. |
† Program is funded by the Government of Nicaragua.
‡ The government had other social programs that may have included the goal of eliminating or preventing child labor. (62-64)
In addition to the programs above, the government coordinates with NGOs to provide human trafficking victims with medical, educational, legal, and psychological assistance in NGO-run shelters. (23) The government diverted resources away from social programs to respond to the political upheaval in 2018 and has not created or expanded any programs to address child labor since that time. (8) The scope of current social programs is not sufficient to assist children who are subjected to human trafficking or engaged in the worst forms of child labor, including commercial sexual exploitation. (20) NGOs indicate that the regions most affected by human trafficking, such as the Caribbean Autonomous Regions, lack adequate care facilities, and children who are victims of human trafficking in these areas are referred to NGO shelters in Managua. (49)
The government does not report funding levels for, or specific activities undertaken by, the Love Program; however, research indicates that the program is underfunded. (40,43)
Based on the reporting above, suggested actions are identified that would advance the elimination of child labor in Nicaragua (Table 11).
|
Area |
Suggested Action |
Year(s) Suggested |
|---|---|---|
|
Legal Framework |
Ensure that the law is consistent and provides a compulsory education age that is not less than the minimum age for work. |
2014 – 2019 |
|
Enforcement |
Ensure adequate training and refresher courses are provided for labor law inspectors and criminal investigators. |
2019 |
|
Increase the number of labor inspectors to meet the ILO's technical advice. |
2009 – 2019 |
|
|
Publish complete labor law enforcement data, including information about worksite inspections, unannounced inspections, number of child labor violations, and penalties imposed for violations. |
2015 – 2019 |
|
|
Ensure that the Ministry of Labor has sufficient funding to fully enforce child labor laws and ensure that personnel and resource needs are met. |
2018 – 2019 |
|
|
Publish complete criminal law enforcement data related to the worst forms of child labor, including number of penalties and convictions. |
2014 – 2019 |
|
|
Ensure that criminal law enforcement efforts are sufficient to address the scope of the problem and that agencies have the funding and resources necessary to carry out duties. |
2014 – 2019 |
|
|
Establish an adequate mechanism for identifying human trafficking victims among high-risk populations. |
2018 – 2019 |
|
|
Coordination |
Increase collaboration and resources of the National Social Welfare System ministries to ensure that the government has a specific and consistent mechanism to coordinate efforts to address child labor, including with NGOs, and publicly report on their efforts. |
2014 – 2019 |
|
Ensure that the National Coalition Against Trafficking of Persons works with relevant local stakeholders to address human trafficking issues, and ensure that it establishes its Executive Secretariat, as mandated by the Law Against Trafficking in Persons. |
2015 – 2019 |
|
|
Government Policies |
Take steps to implement the Roadmap to make Central America, Panama, and the Dominican Republic a Child Labor Free Zone, the National Action Plan for the Prevention and Response to Trafficking in Persons, and the Good Government Plan, and publish information about these efforts. |
2009 – 2019 |
|
Social Programs |
Collect and publish updated data on the prevalence of child labor in the country. |
2018 – 2019 |
|
Expand birth registration programs to ensure that children have access to basic services. |
2009 – 2019 |
|
|
Remove barriers to education for all children and develop strategies and devote resources to improve attendance of children in secondary school. |
2009 – 2019 |
|
|
Implement social programs that address the full scope of the worst forms of child labor in the country, including commercial sexual exploitation. |
2009 – 2019 |
|
|
Ensure that social services for human trafficking victims, such as care facilities, are available throughout the country, especially in areas where children are most vulnerable. |
2010 – 2019 |
|
|
Ensure that social programs are adequately funded and implemented and report on their yearly efforts. |
2019 |
-
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-
U.S. Department of State. Trafficking in Person Report- 2017: Nicaragua. Washington, DC, 2017.
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