(U) NICARAGUA 1/TVPRA - Goods produced by Child Labor

UNCLAS MANAGUA 000184 SIPDIS DEPT FOR WHA/CEN AKRAAIMOORE DEPT FOR INR/IAA DOL/ILAB LEYLA STROTKAMP, RACHEL RIGBY, TINA MCCARTER DEPT FOR DRL/ILCSR FOR SARAH MORGAN DEPT FOR G/TIP LUIS CDEBACA STATE FOR USOAS STATE PASS TO USAID/LAC STATE PASS TO MCC E.O. 12958: N/A TAGS: ELAB EIND ETRD PHUM PGOV SOCI NU SUBJECT: (U) NICARAGUA 1/TVPRA - Goods produced by Child Labor REF: STATE 131995 ¶1. (U) The following is US Embassy Managua's submission regarding the Department of Labor request for information on forced labor and child labor in the production of goods for mandatory congressional reporting requirements as outlined in State 131995 and 131997. ¶2. (U) As reported previously (see REF C and D) there is no evidence of adults working under forced labor conditions; however, there is substantial evidence of child labor in Nicaragua. The extreme poverty that exists throughout Nicaragua, and in particular in rural areas, results in a significant number of children working to ensure the basic well-being of their families. Nicaraguan laws allow adolescents from age 14 to 16 to work for a limited number of hours a day, and only with the express consent of their parents (see REF D). Nonetheless, the Nicaraguan Labor Code prohibits all children and adolescents from admission to hazardous work or work that puts them in "moral danger." ¶3. (U) There were no new studies on the number of Nicaraguan children working; however, the Ministry of Labor (MITRAB) plans to complete a new survey of child and adolescent labor in 2010. The 2005 National Survey on Child and Adolescent Labor (ENTIA),the most recent, estimated that 13.2 percent (239,220) of Nicaraguan children ages 5 to 17 years were employed. In contrast, a longitudinal study (2004 and 2006) sponsored by Save the Children Norway (Save) found that over 33 percent of Nicaraguan children were employed, with the percentage reaching 38 percent in rural areas. Further, the ENTIA study noted a 5.5 percent drop in child labor between 2000 and 2005, while the Save the Children research noted a 13.7 percent increase between 2004 and 2006. ¶4. (U) As reported previously (see REF C) the majority of child laborers work in the informal sector (ENTIA - 75 percent, Save - 90 percent),are found in rural areas (65 percent),work in agriculture and stockbreeding or related activities (over 55 percent),and do not receive remuneration for their efforts (Save - 75 percent, ENTIA - 61.5 percent). The majority of child laborers �00A;work as part of a family unit - either in small family enterprises or by assisting their parents in the performance of labor for which their parents have been hired. Although the majority of child laborers do not receive any remuneration, overall child and adolescent labor directly or indirectly contributed to family income. ¶5. (U) The following list represents products allegedly made in Nicaragua with child labor. The production of the listed products requires the use of one or more forms of labor considered dangerous by its nature, as defined by the Government of Nicaragua's officially published list of "dangerous" forms of labor, last published in November 2006. This list was developed primarily through consultations with the international and national NGOs and a review of numerous studies and publications on child labor in Nicaragua. The Ministry of Labor (MITRAB) refused to meet with EmbOff in 2009 and 2010 to discuss this and other topics. Bananas - - - - ¶6. (U) Good: Bananas ¶7. (U) Type of Exploitation: Banana cultivation can include exploitative child labor. The work carried out by children and adolescents in banana production falls within the government's definition of hazardous forms of labor. ¶8. (U) Sources of information and years: 2005 ENTIA Study; and 2009 interviews with Professional for the Social and Business Auditing (PASE),and 2008 interviews with ILO-IPEC, MITRAB, and other credible NGOs. ¶9. (U) Narrative: Large-scale banana production for export is concentrated along the Pacific Coast of Nicaragua, primarily in the departments of Chinandega and Leon; however, small-scale banana production occurs throughout the country. Children have been used in the preparation of the land for the planting of banana trees, which includes cutting, burning, and removing existing trees; planting seedlings; fumigation; and application of chemical pesticides. Adolescents are used during the harvest period to do further fumigation, pick the fruit by hand, and carry heavy baskets of the bananas. Child laborers can be exposed to chemical pesticides and fertilizers, and are required to carry heavy baskets of bananas. These children work alongside their parents, who work as hired labor, or work directly for the employers. ¶10. (U) Prevalence: The incidence of child labor in small-scale banana production is isolated. In the past, children were apprenticed at large-scale banana plantations, but this has been absent from the country for many years. ¶11. (U) Host government, industry or NGO efforts: Rainforest Alliance certification of bananas for export includes a provision that bananas must be harvested without child labor. All bananas plantations for export actively participate in the Rainforest certification program. Tobacco - - - - ¶12. (U) Good: Tobacco ¶13. (U) Type of Exploitation: Tobacco cultivation and harvesting can include exploitative child labor. The work carried out by children and adolescents in tobacco production falls within the government's definition of hazardous forms of labor. ¶14. (U) Sources of information and years: 2005 ENTIA Study; CNEPTI-Save 2007 Workshops; and 2008 interviews with Save the Children Norway, INPRHU, ILO-IPEC, MITRAB, and other credible NGOs. ¶15. (U) Narrative: Tobacco production is found primarily in the northern departments of Esteli and Nueva Segovia. According to CNEPTI and Save the Children, child and adolescent labor is present in informal tobacco production, where working children accompany their parents/families, who have been hired as contract labor. Child and adolescent labor is employed in the planting, growing, and harvesting phases of tobacco production. CNEPTI and INPRHU in Esteli report that the harvesting of tobacco is done almost exclusively by children younger than 14 years old. After harvesting, female laborers, mostly girls, are used to string together the leaves for drying. Child laborers working in tobacco production during the planting, culling and harvesting phases are exposed to chemical contaminants and physical labor performed under extreme temperatures and inclement weather. ¶16. (U) Prevalence: The incidence of child labor in tobacco production is considered significant, although it is difficult to determine the number of children involved. There are no reliable figures, since the labor is concentrated in the informal and non-commercial sector of the industry. There was no evidence of child labor used in the production of cigars. ¶17. (U) Host government, industry or NGO efforts: There are no current host government or industry efforts to combat child labor in the cultivation and harvesting of tobacco. CNEPTI-Save the Children, and INPRHU have worked to raise awareness of the problem of child labor in tobacco production. African Palm - - - - - - - ¶18. (U) Good: African Palm cultivated for its oil. ¶19. (U) Type of Exploitation: African Palm cultivation often includes exploitative child labor. The work carried out by children and adolescents in African Palm production falls within the government's definition of hazardous forms of labor. ¶20. (U) Sources of information and years: 2005 ENTIA Study; 2007 National Commission for the Progressive Eradication of Child Labor and Protection of Adolescent Workers (CNEPTI) CNEPTI-Save brochure on child labor "Son Incontables sus riesgos y danos"; and 2009 interviews with INPRHU, ENTERATE, and 2008 interviews with ILO-IPEC, and MITRAB. ¶21. (U) Narrative: African Palm cultivation is concentrated in Nicaragua's South Atlantic Autonomous Region (RAAS),specifically in the municipality of Kukra Hill. A CNEPTI-Save the Children study shows that adolescents 14 years and older are used in the preparation of the land - which includes cutting down trees, clearing land - pruning trees, and the application of chemical fertilizers. Younger children are used in the preparation of the seedlings. Boys ages 12 to 13 and girls aged up to 18 are used during the planting phase. Boys and girls aged between 7 and 12 as well as teenagers are employed during the harvest season. These children accompany their families, the majority of which are temporary migrants from the Pacific Coast who have come to the RAAS to work as contracted labor for the African Palm harvest. Adolescents work long hours and are exposed to dangerous tools, chemical pesticides, and fertilizers. ¶22. (U) Prevalence: The prevalence of child labor in African Palm cultivation is isolated. ¶23. (U) Host government, industry or NGO efforts: There are no current host government or industry efforts to combat child labor in African Palm cultivation. CNEPTI-Save the Children have worked to raise awareness of the problem of child labor in African Palm cultivation. Oranges - - - - ¶24. (U) Good: Oranges for export primarily to Costa Rica. ¶25. (U) Type of Exploitation: Oranges cultivated on large scale plantations often have an element of exploitative child labor. The work carried out by children and adolescents at these large scale orange plantations falls within the government's definition of hazardous forms of labor. ¶26. (U) Sources of information and years: 2005 ENTIA Study; 2007 CNEPTI-Save brochure on child labor "Son Incontables sus riesgos y danos"; 2009 interviews with INPRHU and ENTERATE; and 2008 interviews with ILO-IPEC and MITRAB. ¶27. (U) Narrative: Large-scale orange production is concentrated along the San Juan River and its tributaries in the department of Rio San Juan. A CNEPTI-Save the Children study found that boys aged between 12 and 13 are frequently used in the preparation of the land for planting of orange trees - this includes cutting and burning of existing trees, recollection of tree roots mechanically extracted, fumigation, and application of chemical pesticides. Young boys aged between eight and 13 are used during the harvest period to do further fumigation, pick the fruit by hand, bag the fruit, and load/unload bagged fruit from trucks. Child laborers working in large-scale orange plantations are exposed to chemical pesticides and fertilizers, and are required to carry heavy loads of oranges on ladders. It is unclear whether these children work alongside their parents, who work as hired labor, or work directly for the employers. ¶28. (U) Prevalence: The prevalence of child labor in orange production is isolated. ¶29. (U) Host government, industry or NGO efforts: There are no current host government or industry wide efforts to combat child labor in the production of oranges. CNEPTI-Save the Children have worked to raise awareness of the problem of child labor in large scale-orange cultivation. Cattle-raising and Dairy Production - - - - - - - - - - - - - - - - - - ¶30. (U) Good: Beef and dairy products. ¶31. (U) Type of Exploitation: Cattle-raising and dairy production often includes exploitative child labor. The work carried out by children and adolescents in stock breeding and dairy production falls within the government's definition of hazardous forms of labor. ¶32. (U) Sources of information and years: 2005 ENTIA Study; 2007 CNEPTI-Save brochure on child labor "Son Incontables sus riesgos y danos"; and 2008 interviews with ILO-IPEC, Agriculture and Cattle Association of Chontales (ASOGACHO),and MITRAB. ¶33. (U) Narrative: Cattle-raising and the associated production of beef and dairy products is concentrated in the departments of Chontales, Boaco, and the western parts of the North Atlantic Autonomous Region (RAAN) and the South Atlantic Autonomous Region (RAAS). According to ASOGACHO, the vast majority of the country's many thousands of producers are small often family-managed businesses that employ child and adolescent labor. The ASOGACHO and CNEPTI-Save the Children study reported that the cattle sector is male-dominated; primarily employing teenage boys ages 13 to 18 in a variety of jobs. These youth are used to oversee cattle grazing, milk the cows, transport the milk, and clean and maintain stalls and equipment. They work as either hired hands on larger farms or are the children of families hired as caretakers by absentee owners. Younger children may also work on family farms or in caretaker families, but generally complete primary school before joining the workforce full-time. Child laborers are exposed to long hours of work, micro-organisms from dairy production, and the risk of physical injury. ¶34. (U) Prevalence: The prevalence of child labor in cattle-raising and dairy production outside of family farms is considered significant and not isolated; however, it is difficult to determine the number of children involved outside of family farms as there are no reliable statistics. ¶35. (U) Host government, industry or NGO efforts: There is little to no effort by the host government, industry or NGOs to combat child labor in cattle-raising and dairy production. CALLAHAN