Substantive session of 1993

IMPLEMENTATION OF THE INTERNATIONALMv CULTURAL RIGHTS

Addendum

NICARAGUA*

Introduction

1. As fram April 1990, the Governrnent ofMrs. Violeta Barrios de Chamorrochanges. Briefly f the changes involve liberal.J-"-"I..4"~...l..''-''J,.'"

the extensive privatization of all Stateformer owners, after a thoroughentrepreneurs and workers themselvesadjust the economy before undertakingprogramme.

* The Permanent Mission ofverbale dated

the reportThis document

its noteNicaragua was(E/1986/3/Add.1S) .

GE.93-16950 (E)

E/1986/3/Add.16 page 2

2. The purpose of all these changes was to correct the pronounced macroeconomic imbalances then affecting Nicaragua's economy, which were reflected in a sharp deterioration in the general standard of living, back to levels that had existed over 40 years before, rapid growth in the external debt and inflation which peaked at an annual level of 43,000 per cent, an unprecedented figure in Latin America and one of the highest in world economic history.

3. The stabilization and adjustment programmes are designed to correct these macroeconomic imbalances and to establish the basic conditions for economic recovery. However, it is recognized that the implementation of such programmes entails a deterioration in the standard of living of the most vulnerable sectors of society. Nicaragua has been no exception to this.

4. Aware of this fact, the Government of Nicaragua has implemented social programmes which focus on combating acute poverty and unemployment. Accordingly, from February 1991 onwards, as part of a process of national cooperation, bodies such as Emergency Social Investment Fund (FISE) were set up to implement emergency social programmes designed to create temporary sources of employment as an initial measure, pending the establishment of the Ministry of Social Welfare (MAS) in January 1993. This involves a gradual increase in social expenditure in the proportion of the Republic's budget spent on social programmes. Thus, in 1993, 46 per cent of the national budget was devoted to social expenditure, covering education, health, housing, social security, etc.

I. GENERAL FRAMEWORK WITHIN WHICH ARTICLES 10 TO 12 OF THE COVENANT ARE IMPLEMENTED

A. LAND AND POPULATION

5. Please provide information ab out the main ethnic and demographic characteristics of the country and its population, as weIl as such socio-economic and cultural indicators as per capita income, gross national product, rate of inflation, external debt, rate of unemployment, literacy rate and religion. Information on the population by mother tongue, life expectancy, infant mortality, maternal mortality, fertility rate, percentage of population under 15 and over 65 years of age, percentages of population in rural areas and in urban areas and percentages of households headed by women. As far as possible, provide all data disaggregated by sex.

Population: 3.9 million. Annual rate of growth: 3.3 per cent. Ethnic characteristics: mestizos: 69 per cent, whites: 17 per cent,

negroes: 9 per cent, indians: 5 per cent. Per capita income: US$ 347. Gross domestic product: US$ 1.7 billion. External debt: US$ 8 billion. Unemployment rate: Life expectancy: Men: 66; warnen: 58. Infant mortality: 68 per 1,000 live births. Illiteracy: 40-43 per cent of the population aged over 10. Religion: Catholics: 95 per cent, Protestants: 5 per cent.

E/1986/3/Add.16 page 4

B. PLEASE DESCRIBE BRIEFLY TEE POLITICA.L EISTORY .zUID FR.l'u'l1EWORK! TEE TYPE GOVEPcNMENT AtID TEE ORGMJIZATION OF TEE EXECUTIVE, LEGISLl'"TIVE ANTi

JUDICIAL ORGANS.

6. The first inhabitants of Nicaragua were indigenous tribes of origin: Niquirinos and Nagrandanos, who settled in Nicaragua's Pacific region, and other Chontal and Carib tribes who settled in the central part: of the Atlantic region.

7. The arrival of the Spanish conquistadors in America marked the of the colonial period, which was to last until 1821 when Creole settIers of European origin achieved independence.

8. From 1821 to 1823 Nicaragua! together with Guatemala! Honduras, EI Salvador and Costa Rica made up the Uni ted Provinces of Central America and joined the Mexican empire of Iturbide.

9. In 1838 the Central American federation broke up and Nicaragua became an independent State.

10. From 1854 to 1856 a war known as the National War took place involving foreign elements. American filibusters under the command of William Walker attempted to introduce slavery into Nicaragua but were overcome with the help of other Central American countries. During this conflict j Nicaragua's national identity was consolidated.

11. The period from 1859 to 1983 was one of relative peace marked by the institutionalization of political parties and the peaceful succession of Governments, all of them conservative. During this period/ knowTI as the 30 years, coffee first began to be produced in Nicaragua! leading to areform of land tenure and Nicaragua took its first steps into the world market; railways and the telegraph were introduced and free compulsory primary education was established.

12. During the last century and at the beginning of the present one, Nicaragua was coveted by the major world powers on account of the possibil of constructing an interoeean canal aeross its territory.

13. In 1893, a revolution brought to power the liberals, who the Church and the State, secularized cemeteries! established public records, introduced divorce into Nicaraguan legislation, reformed the civil and criminal codes of the colonial period j consolidated Nicaragua reincorporating the Atlantic coast and encouraged foreign investment. which brought the beginning of industrial development.

14. The revolution was criticized for its excesses its enemies (torture! imprisonment, confiscations, deportations! etc.), for its failure 1:0

observe the provisions of the '93 Constitution (La Liberrima) and for the re-election of General Jose Santos Zelaya for several tenns.

15. The liberal regime was overthrown with foreign assistance/ a new period of conservative Governments involving American intervention. Under

these Governments, the management cf customs, rai was transferred into foreign hands.

ports and State banks

16. This intervention lasted ·until 1.933! vlit11 e brief frorn ...L :25

to 1926.

17. In 1933, the liberals returned to power for a second term, with ehe "Facto deI Espino Negro", under which 3.11 the weapons to the Nicaraguan rebels were handed over to the United Staces.

18. From 1926 to 1933, the armed opposition of Auguseo C§sar Sandino - a liberal leader vigorously opposed to Uni ted States 2,-rmed intervention - g"c:..\/e 2

highly nationalistic tone to this phase of Nicaraguan histcry.

19. The National Guard was established the "Pasos-lVlunro" agreement: this guard is in principle under the command cf foreign officers. In 1936 the first national commander, Anastasio Somoza Garcia, carried out a coup d'e~at and seized power, thereby initiating the Somoza per iod which continued, wich the support of the National Guard, until 1979.

20. The Frente Sandinista de Liberaci6n Nacional - initial under a Government Junta and then, after 1984 under President Daniel Ortega - governed until February 1990. On 25 February 1990, a coalition of political parties, the Union Nacional Opositora (UNO), led by Violeta Barrios de Chamorro, came to power.

11. TYPE OF GOVEPu.~El\fT Alm ORGAtTIZATI8N OF TlIE EX.EClTTI\TE f LEGISU.l.TI\r7E lüD

JUDICIP.L ORGl\.NS

21. Nicaragua's Government is democratic, ~eDresentati,~. civil ~nd based on national convergence. It was elected ~n free and l1Ili-versal ele::tio:ls to safeguard the interests of Nicaraguan and civil institutions, and to preserve peace and to promote human and social concord.

ORGP.NIZATION OF THE BP~:q]\TCHES OF GDVERNlVlENT:

the rule of law an6 in Ei ';: ci:: natioTlal

(Art. 129 of the Constitutionl

the Leg'islative, LJudicial and Electoral branches shall be mutually independent and cooperate harmoniously, subordinate to ehe supreme interests of the nation and the ions of this Constitution

A. ORG.AlHZ]\~TION OF THE EXEClJTIVE

The organization oI t.he Executi.\re is laid dOV,;TI in c".rt:Lc.l€:'3 i':;

Nicaragua's Constitution.

23. Executive authority is exercised the President of the :::"C r

the Head of Sta.te and oi Goverrlment ane Suprerne Cornrnarlder cf -ehe l'JatioTl2.1 Armed and Security Forces.

1986/3/Add.16

page 6

24. The Vice-President of theto hirn the President andor permanent absence.

25. The President and Vice-President of the hepub~

universal, I direct, free and seeret ballotthe candidate receiving a relative ma~oritv of votes.

26. In order to be President or Vice-President ofsatisfv the

He fiUSt possessHe fiUSt be fully entitled ta his eivil andHe fiUSt be at least 25 years of age.

27. The President and the Vice-President of the ic remainsix years from their investiture, whieh is on 10 January of the yearthe election; during this period thev are entitled to

28. If the President of the Republic isfunctions, they are assumed by the Vice-President.

unable to

29. If the President of the Republic isfunctions, the Vice-President acts as Presidentremainder of the term of office and the Nationala new Vice-President.

30. If both the President and Vice-President aresimultaneously unable to exercise their functionstaken over by the President of the Nationallawfully designated to replace hirn.

wll0soever

31. Should the Presidentfunctions, the National

be

32. Should both the President and Vice-Presidentpermanently unable to perforrn their functionstaken over by the President of the NationalThe National Asserobly must appointhaving occurred. The persons thusremainder of the term.

33. The President of the .J.'-.<_i-Iu...u...L..ic has the

(a) To observe and to ensure observance of

(b) Ta represent the nation

(c) To exercise the power toaccordance with the provisions of the

(d) Ta issue executive orders with forceadministrative spheresi

(e) To prepare theonC$ the :National p.l.ssembl \1

and dismissTa(f)

representatives of the Office of theautonomous and bodies and

oy dismissal is

powersTa assurne suchits recessesNational

(h) Ta direct the f S

international treaties, conventionsdiplomatie missions;

(i) To decree and put into effect theprovided for by the Constitution and taAssembly for ratificatian within a 5

(j) To issue

(k) To award national

(1) Ta and direct tl1et-'rnee ..._lngs ;

(m) Ta direct the country1s economyand programmes

(n) Ta submit ta the

the

(0) Ta submit ta thethe Vice-President, the annua1rnissives;

Such other powers as are onlaw.

34. The President of theof the ministries

I 1 • .6-Vlce-ffillllSt--ersbadies are

35. In order taan autonomous or

Nicaraguan nationalsiFully entitled ta theirNot 1esB than 25 years

1 6 !

page

ifv1irlisters! vicel. ,..-_) 0 .

f

Constitution and

B . ORG~Ä1\TI

ofandThe37.

articles 1 to 16

Justice derives from

I

3 Qu.

behal

39. The Courts form unif tern, whose supremeCourt.

40.

ITLilThe jurisdiction of the Courts i8 exercised

jurisdictioD, the exercise of which i8the judic There

41. The administration of justiceprocess; it protects andin matters or cases within its competence

dlle

ication the

42. In order to be a Supreme an be

A Nicaraguan nationalA ;Ful ta hisNot 1esB than 5 years old.

civil

for a slaw.

term and may be removed the

44. are entitled to

45. The Supreme Court Justiceelected the National Assemblv fromthe President of the

of minin1um of

Astake office before

the Supreme Court of Justice is, .c

.J-'-'--l-J ......J...J..J...lC .Lrom47. The President ofPresident of the

48. The Court

a)

(b)

page 9

(c) To hear and decide remedies of amparc for violations of constitutional rights, in accordance with the Amparo Act.

(d) To hear and decide actions of unconstitutional accordance with the Constitution and the Amparo Act;

filed in

(e) To appoint Appeal Court judges and judges of the courts of tne Republic, in accordance with the procedure laid down by law;

(f) To draw up its rules of procedure and to appoint its personneI;

(g) Such other functions as are conferred on it by the Constitution and law.

49. Members of the judiciary are independent in the performance of their functions and owe obedience only to the Constitution and to the law; they are governed, inter alia, by the principles of equality, public proceedings and the right to a defence. Justice is free in Nicaragua.

50. The administration of justice is organized and operates on the basis of popular participation, as determined by law. The members of the courts have the same powers in the exercise of their jurisdictional functions, whether they are lawyers or not.

51. The decisions and judgements of the courts and judges are binding upon the State authorities, the organizations and natural and legal persons concerned.

C. ORGANIZATION OF THE LEGISLF.TIVE BR4NCH

52. Legislative authority is vested in the National Assembly, by delegation and mandate from the people. The National Assembly comprises 90 Representatives and their respective deputies, who are elected universal, equal, direct, free and secret ballot in regional constituencies according to a system of proportional representation regulated by the Electoral Act. The number of Representatives may be increased on the basis the general population census in accordance with the law.

.c OL

53. Candidates for the Presidency and Vice-Presidency of the Republic who have taken part in the relevant elections but have not been elected, are also members of the National Assembly, as full and substitute Representatives respeetively; for this purpose, they must have reeeived nationally a number of votes equal to or higher than the average quotient of the electoral distriet.

111. GENERPili FRAMEWORK WITHIN Wt:IICH HUM.I\.N RIGHTS "_R.E PROTECTED

54. \'i1hieh judicial, administrative or other competent authorities have jurisdietion affecting human rights?

Judicial authorities: The loeal and distriet judges, the and the Supreme Courtj

courts

1986/3/Add.16page 10

Administrative authorities: Thethe public prosecutorsr

of the I

uClC'ponsaDl.lidadInspectoria civil deof professional responsibility)examining a case j may put forwardpolice hierarchy. Tt is not a

55. What remedies are available to an individual whohave been violated and what systems of

exist for vietims?

The rights laid down in the Constitution and in the ofCivil Proeedure;

The right of appeal against any act, decree or anyof unconstitutionality is available to contest anyofficial, authority or ageney that violates or attemptsrights and guarantees enshrined in the Constitution

The remedy of amparo against any provision, act or decision andgeneral any act or omission by any official, orviolates or attempts ta violate the rights and guaranteesthe Constitution;

The remedy of habeas corpus whieh applies on behalf of personsfreedom, physical integrity and security have been violated ordanger of being violated;

The law provides for two forms of redress: material (f~~~.~k~~.~~~

compensation or restitution) and moral;

Rehabilitation: material, educational, mora.l orrehabilitation which the law authorizesnecessary to provide, depending on the circumstances.

56. Are any of the rights referred to in the variousprotected either in the Constitution or by aseparateso, what provisions are made in the Constitutionderogations and in what circumstances?

They are protected by the Constitution.

Circumstances in which may be made

Constitutioil, article 185: 11 ••• The Presidentthroughout the whole OY in part of

rights and guarantees enshrined in thiswhen so required for the security of the nationcireumstances or in case of nationaldeclaring astate of ernergency may be for atime, which may be extended) .

E/~_986 :; /Jicld. 16

page 11

Constitution, article 186 " ... He may not suspend the fol articles: 23; 25, para. 3; 27; 29; 33; para. 2.1 final part, and paras. 3 and 5; 34 with the exception of paras. 2 and 8; 35-44; 46-48; 51; 56-65; 67, para. 1; 68, para. 1; 69-76; 78-81; 84-87; 89-91. * (see o.nnez 1)

57. How are human rights instruments made part of the national They are set out in two sections of the Constitution:

s~/sl.=ern?

(a) Chapter I. Title IV, Riqhts, Duties and Guarantees of the Nicaraquan People: (arts. 23-46), Individual Rights.

The right to life; the right to individual freedom; to security; to recognition of the individual's legal personality and capacity; to privacy and to family life to the inviolability of the horne, correspondence and communications; to respect for honour of reputation; to equality before the law; to amparo and protection by the State and its diplomatie representatives abroad; the right to freedom of expression and to profess or not to profess a religion; the right to travel and take up residence in any part of the national territory and freely to enter and leave the country; the righ·t not to be compelled to perform any act not required by law or to be prevented from doing anything it does not prohibit; the right not to be arbitrarily detained or imprisoned or to be deprived of liberty, except on grounds that are justified by law and in accordance with legal procedure; the right of persons facing trial to be tried on equal terms, to be presumed innocent until they have been proved guilty in accordance with the law; the right to be tried without delay by a competent court established by law; the right not to be removed from the jurisdiction of a competent judge, except in those cases provided for by the Constitution and the law; the right to intervention on their own behalf and to a defence from the outset of the proceedings as weIl as to adequ.ate time and means to prepare their defence; the right to have a court-appointed lawyer when legal counsel has not been designated, or when there has been no prior call; persons awaiting trial are entitled to communicate and in private with their counsel and to the free assistance of an interpreter if they do not understand or speak the language used the Court; they may not be compelled to testify against themselves or against their spouse or partner in a stable de facto union, or against their relatives to the fourth decree of consanguinity or the second decree by marriage, or ta admit their own guilt; they are entitled to be acquitted or convicted vlithin the legal deadlines by the court to appeal to a higher court for a review of their case if they have been convicted for any offence; they may not be retried for any offence of which they have been finally convicted or acguitted; they may not be tried or convicted for ariy act or omission which, at the time it was committed, was not unequivocal classified lecwas a punishable offence, nor may they be given a sentence which has not been previously established by law; criminal trials must be public, in certain cases the press and general public may be excluded for m::;ral reasons f

reasons of public order or national security; minors may not be the object of judgements nor may they be subjected to any legal (a special law regulates this matter); all persons have the right to respect for their physical, psychological and moral integrity; the right not to be subjected to torture or to cruel, inhuman or degrading procedures f punishment or treatment; the penalty shall not extend beyond the person convicted (no sentences which individually or cumulatively total over 30 years may be handed

986/3/Add.16page 12

do~~) i the law is not retroactive, except inof persons convicted; in , thefundamental oblective is to reform nrisoners LO

women have the ~ _ _ected to servitude (slaverv and all forms of theted) i na one may be

the mandates of the competent legal authorities for the non-paymentmaintenance of alimony); the right of isthe right to own personal propertYi persons whose constitutionalbeen violated or are in danger of being violated may anDlvor for amparo, as appropriate; within the nationalentitled to the protection of the State and tarights of the individual, to unrestricted respect for andprotection of human rights and to fulI enjoyment of thein the Universal Declaration of Human Rights; in the Americanthe Rights and Duties of Man, in the International Covenant onSocial and Cultural Rights and in the International Covenant onPolitical Rights of the United Nations! as weIl as in the Americanon Human Rights of the Organization of American States.

(b) Chapter 11 - Political rights (Articles 47 to 55)

This Chapter establishes that Nicaraguans who have reacnea ~b

age are considered citizensj that only citizens enjoy theforth in the Constitution and laws, without any limitations otherestablished for reasons of age. It also establishes the unconditionalequality of all Nicaraguans in the enjoyment and exercise ofrights and in the performance of their duties and responsibilitiescomplete equality between men and wornen); as weIl as theState to remove obstacles that impede effectivein the political, economic and social life of'Vlorkers f warnen, young people I farmers j' artisans f

members of religious orderSt the communities on thepopulation in general are entitled without discrimination ta formorganizationsi citizens have the right topolitics and in the running of the State; citizens have theto be elected in periodic elections and to stand forhave the right to petition, ta denouncecollectively to submit constructive criticisms to theauthorities, to obtain a rapid solution or and tolegal time-limit of any decision taken; have thea.ssembly and ta demonstrate and mobilize in icta ze or join palitical parties in order tocontend for power.

(c) Chapter Ir1 - Social rights (Articles 56 to 69)

have the right to work in accordanceNicaraguans have the right to education and to cultureequal right ta health (the State will establish basicpromotion, recuperation and restoration of health) i

to ahealthy environment (the State is obligated tarestore the environment and natural resources) i the

E ,/ ~ 9 8 6 / 3 / ~iC:IC::: =- E

page 13

to social security; the State will endeavour to establish programmes to ensu:::e adequate availability and equitable distribution of food; Nicaraguans have c:he right to decent housing, to sports, to physical education, recreation and leisure; they have the right to truthful information; the to inform is a social responsibility; the masS media are at the serviCe of the national interest; all persons either individually or collectively, have the ta express their religious beliefs in private or in public, worship, practlces and teaching.

(d) Chapter IV - Family rights (Articles 70 to 79)

Nicaraguans have the right to State protection for the familv; Nicaraguans have the right to form a family; the State protects marriage and de facto union; the State provides special protection for the process of human reproduction (women receive special protection during pregnancy and are granted maternity leave with pay and appropriate social security benefitsl ; all children have equal rights; the State must establish special programmes and centres for the care of minors; the elderly have the right to the protection of their families, society and the State; the State protects responsible fatherhood and motherhood; the right of adoption, exclusively in the interest of the overall development of the minor, has been established.

(e) Chanter V - Labour rights (Articles 80 to 88)

Work is recognized as a social right and responsibility; workers have the right to participate in the management of enterprises; workers have the to working conditions that ensure: equal wages, payment in legal tender, an eight-hour day, rest, holidays, a 13th month bonus, job security, social security and overall protection for workers and their families, as weIl as working conditions that guarantee their physical integrity, health, and the reduction of occupational hazards; the right to strike is recognized; minors are prohibited from working; workers are entitled to cultural, scientific and technical education; all Nicaraguans are entitled to choose and exercise their profession or trade; full trade-union freedom exists in Nicaragua; workers possess the inalienable right to enter into individual or collective agreements with their employers.

(f) Chanter VI - The rights of the Atlantic Coast Communities (Articles 89

to 91)

The Atlantic Coast communities have the same rights and obligations as all Nicaraguan people; they have the right to free expression and to the preservation of their languages, art and culture; are entitled to protection of their rights as minorities on account of their language, culture and origin.

ppnal and Civil Code

58. Article 46 of the Constitution, under Title IV I'rights, duties and guarantees of the Nicaraguan people", Chapter I, Individual Rights, stipulates as follows:

1986/3/Add.lpage 14

. All persons in the nationalrecognition by the State for the inherentas unrestricted respect promotion andthe fuII exercise of the rights set forth in theHuman Rights; the American Declaration of thethe International Covenant on Economic[ Social andthe International Covenant on Civil and PoliticalDnited Nations and the American Convention on

of American States. ll

59. Can the provisions of the various human instrumentsbefore, or directIy enforced by, the courts, other tribunals orauthorities or must they be transformed into internal lawsregulations in order to be enforced by the authorities

60. They may be applied by the judicial and administrativethe instrument has been ratified or Nicaragua has acceded to it and therelevant decree of ratification or accession has been Dublished.

61. Are there any institutions or national machinery withoverseeing the implementation of human rights?

62. Such institutions and machinery exist.courts, the' Attorney-General's Office, the CivilResponsibilitYl which deals with complaints of violations involthe police; and the Human Rights Commission of the Nationalhears complaints and makes recomrnendations.

63. The Office of the Military Assessor of the Sandinistreceives complaints of violations or abuses eommittedSandinist People's Army (APS).

64. The Tripartite Commission comprising the Office of Cardinaly Bravo, the International Support and Verification Commissionthe Central Governrnent deals with cases of violations orformer members of the Nicaraguan Resistance and other sectorspopulation.

IV. INFO~~TION _~ PUBLICITY

65. Please indicate whether any special efforts have beenawareness arnong the public and the relevant authoritiescontained in the various human instruments. Theshould include the manner and extent to which the texts

instruments have been disseminated. whether suchtranslated into the Ioeal orresponsibility for reports and whetherinformation on other inputs from external sourees;the reports are the subject of public debate.

66. The policy of Peace, Freedom, DemocracyandNicaragua1s present Government is indissolubly linked

l

exercise of the human rights of allthe present Government's firm commitmentthat is coherent and consistent both in

67. In order to ensure protection of, respect for andduring Nicaragua/s transition to it was necessary

immediately to strearnline and modernize institutional

the

68. Thus, as part of the strengthening of institutional, the Ministry of the Interior established the

Professional Responsibility" with two main functionsraise the standard of civic educationconducting preliminary investigations intomembers of the police, collecting information, asrecommending administrative penalties for minor offences orpossibly involving more serious offences, to the office of theassessor. A central team of investigators receivescivil representatives of the Governors.

69. In connection with the educational function of theProfessional Responsibility, the central Government hasseminars, workshops, conferences and courses on humanthe police and other departments of the Ministry of the Interiorfor other public officials responsible for the administration of j

70. For its part, the Ministry of Education has introduced acourse as a compulsory subject in primary and secondarv school

71. Two Nicaraguan universities the Universidad Centroamericanathe Universidad Nacional Aut6nima de Nicaragua (UNF~) f havechairs of human rights within their law faculties! and haverights as an optional subject in other courses.

72. Radio broadcasts sponsored by local NGOs alsoon and publicize human rights. The sameorganizing seminars for the armed forces and the

73. As part of the continuing human rights programmeCommunity, large-scale "special projects" areinformation on human rights in former conflict areas.

74. In order to strengthen administrativecitizens with the means ofpress

the State authorities, the Government ofthe Human Ombudsman taobservance of the human

75. Briefly! the purpose of the Ombudsrnan's Officehuman rights and ensure that citizens enjoy

76. Moreover, the Government led by Mrs. Violeta Barriasearnestly striving to improve the overall situation oflevels of education and employment, access to health, culture

E / 19 8 6 / 3 / F .. dd . 16 page 16

security so that individuals are able to lead adecent li fe and that hurnan rights are perceived as instruments of change and as the VJay to a juster emd more humane society. In this connection, the Executive has drawn up a of action to combat poverty and its serious consequences. The plan involves the Ministries of Health, Education, social vJelfare and Economics and the Off.:cce of the Vice-President of the Republic, together with ewo new especial established agencies: the Emergency Social Investment Fund (FISE) and the Fund for the Underprivileged Sectors (FASO) .

77. FISE is an agency for the management and administration of local and foreign funds for the financing of emergency projects. lts purpose is to encourage the full development of the capacity of the poor, them into the country's social and economic development, improving cheir living conditions, providing support for their productive activity and contributing to the promotion of and respect for their human rights.

78. FASO was established for the purpose of implementing support projects for small industries and for training the war-wounded.

79. Reports on human rights are as a rule prepared by the IVlinistry of Affairs, with the cooperation of other government bodies concerned. However, reports under International Labour Organisation conventions are prepared by the Ministry of Labour and their contents discussed with employers' and workers' associations.

A. INFORMJl..TION ON DE FACTO DISCRlMINATION AGAINST WOMEN IN NICARF.GUA

80. Pursuant to its programme and in view of the seriousness of the current crisis, the Government of Nicaragua has focused on women as beneficiaries of the country's overall policies; in November 1990 it revived the Nicaraguan Institute for Women (INIIVl). In January 1991 INIM became part of the Cabinet.

81. It is fully and clearly appreciated that Nicaraguan women and their families are disadvantaged, and that a solution to their problems does not depend on women alone, but on the State and society at large. :A fundamental means of changing this situation is through active participation warnen in the country' s sustainable development process and by ensuring t.hey benefit from development.

82. The main factors associated with this situation are of a legislative, socio-economic, ideological or cultural order, together with other "invisible" factors which lead to the subordination of women, principal among them being that, in addition to their domestic role, women take other jobs in order to supplement family income, as a result of which they have a double

83. .AI1other negati·ve factor is that l\Tica.raguan womerl ha"\7e trleir first pregnancies at a very early age, placing them at risk, part in the case of young women and women over 35. Furtherrnare, the effects of malnutrition and a poor diet from childhood, together with the short intervals between pregnancies, the large number of children and the exhaustion caused a double working day cause women to age prematurely and entail a high risk to them, thus raising maternal mortality rates.

84. The alarming increase in the number of households headedall among the poor, is attributable tafact that husbands or male partners abandon their familcircumstances, women become the main moral and economicand relatives. Thus, young wornen and female headsurban and rural paor have been earmarked on account ofcircumstances, as priority groups to benefit from Government'economic

85. AccordinglYJ in 1990 the present Governrnent ofconcern about the social situation led it to decide,programme of government, to extend to the 11

exploited sectors of Nicaraguan society theproduced by society as a whole Jjustice" .

social

86. In accordance with this principle, social includes amongoverall objectives the following specific wornen-oriented

87. " ... to facilitate and promote access ny wornenhealth, work, housing J food, nutrition, trainingable to participate in the various aspects andon an equal footing ..

88. To achieve this, prioritiesof poor households in order to enhance theirof employment and incomes, in health and

89. The Nicaraguan Institute for Wornen (INIM) acts as thethis overall social policy and as such:

(a) Participates in formulating overallof opportunity between men and womenj

to

(b) Coordinates and provides advice l ininstitutions, to programmes and projects soadopted in planning and implementing themj

(c) Develops awareness l at grass-rootsissues in general, and of the situation oforder to promote measures to eliminate any form ofof sex l race, religion or disability.

90. Thesummarized as

programmes and activitiesfollows

(a) Active in formula

(b) Development of the programmewhich is based on inter-institutional coordinationmunicipal authorities and non-governmentalintended for female heads of househald and breadwinnerstheir specific needs as warnen;

E/1986 i 3/Add.16 page 16

(c) The Women, the Environment and Development Programme (PMI'1AD) which emerged as a result of ~he fifth meeting of Central American first ladies (November 1991) and whose main objective is to generate and income for poor women in urban and rural sectors within the framework of environmental protection and conservation measures;

(d) The establishment of the Commission to CO!Tl:Jat Violence against Women;

(e) The Commission to Reduce Maternal Mortality, comprising a number of international, governmental and non-governmental organizations;

(f) The development of gender awareness by means of workshops and seminars for women from all the country's economic, social and political sectors to address the issues of sexual education, family planning, contraception and parent-child relations. These are run on a team basis within communities.

B. DEVELOPMENTS WITH REGARD TO THE MISKITO PROBLEM AND THEIR EFFECTS ON THE RIGHTS SET FORTH IN ARTICLES 10 TO 12 OF THE COVEK~T

91. During the previous administration, serious problems arose with most of the indigenous groups in the Atlantic region of the country. These problems involved land ownership, use of resources - owing to legal and constitutional incompatibilities - and acculturation. The adoption of the "Act Relating to the Autonomy of the Atlantic Region" lessened the influence of these problems on relations between the central Government and the eth~ic groups.

92. However, the problem had again worsened because of the military conflict, which most seriously affected the rural areas on the border with Honduras, where there is a high concentration of Miskito and Sumo groups. The result was large-scale population displacements, destruction of production centres and the interruption of the normal functioning of services, the justice system and the public administration, which was highly conducive to social anarchy and economic chaos.

93. When the current President of the Republic, Mrs. Violeta Barrios de Chamorro, took office, these problems reached their lowest ebb, and there has been no subsequent resurgence of any tensions or symptoms of any impending crisis.

C. INTEP~ATIONAL COOPERATION AND ITS REPERCUSSIONS ON THE RIGHTS SET FORTH IN p~TICLES 10 TO 12 OF THE COVENM~T

94. In cordobas

1993, (oro)

the Public Investment Plan (PIP) will total 1,310 million (US$ 218 million) . The Plan allocates 58 per cent to economic

infrastructure I 23 per cent to the production sector I 1'7 per ceIJ.t ::0 so~ial infrastructure and 2 per cent to other areas. Seventy-four per cene o~ the PIP will be financed with external resources (36 per cent grants, 38 per cent loans), 16 per cent with government funds and 10 per cent with resources provided by the agencies executing the projects. It is estimated that the PIP will create approximately 12,800 direct jobs and 19,200 indirect jobs, for a total of 32,100 permanent jobs.

95. Inmatters,

ic investment the centralwhich form the nucleus of its overall

96. Solving social problems in Nicaraoua iscountry's economic growth andactivities aimed at improving the country'spoverty, especially among thosethemselves of the benefits of

97. These activities are based on a social strategy thatelements. The first is the strengthening of the ministriessector to enable them to promote more and better services atregard to the second, the Government has a expansion theSocio-Economic Investment Fund (FISE) and the National ReconciliationRehabilitation Programme (PRRN) , which will serve as nets forvulnerable members of the population during the period of economicrequiredby our structural adjustment programme.

98. The first step in health sector policy has been tohealth-care network, which had been disrupted the war and economicThe Government has initiated disease-prevention programmes suchvaccination programme, pre-natal and post-natal care programmesprogrammes and sanitation and clean drinking water programmes.

D. ARTICLE 10 - PROTECTION OF THE FAMILY, MOTHERS kND

Development of the infant mortalitv rate since 1986

99. Combating infant mortality is a prioritynumber fell from 4,537 in 1990 to 3,055 in 1991{ i.e.basically due to the decrease in deaths trom diarrhoeaprevious year) , which in turn was achievedand diarrhoea-prevention and control.

100. Deaths from acute respiratory infections decreasedfact that there were 38,000 more medical consultationsrespiratory infections than in the year.

101. Deaths of newborn infants (perinatal deaths) due toproblems also decreased by 412 trom the year.

the 1987 Constitution

102. In her electoral platform{ Mrs. Violeta Barrioswith reoard ta the "family unit ll

Priority will bemoral, economic and social recovery ofmain goal being to restore its moral

986/3/Add.16page 20

103. Similarly, the Political Constitution of the f

in 1987, continues to be in force and the basfor the current democratic process and the basis for the

104. Für that reason j and inethnic and family matters achievedthe Government has decided toprocedural and cünstitutional

and extendion that covers the

105. On the one hand, two lawsbeen enacted:

the

(a) The Food Act, or Act No. 143 of 18right to receive food and the obligation tovested in the family, and the Act also governsprovide food on a regular basis, for nutritional purposes

(b) The Penal Code Reform Act. The criminaloffences against the physical, moral andThese offences are: rape, abduction and assault andcontained discriminatory provisions differentiating betweenof moral integrity or reputation. The idea thatof acts of violence was also discarded, with violenceproblem affecting girls and boys, women and men.

106. Special protection has also been extended to thecollective agreements: pregnancy and childbirth, wornentraining, hygiene and occupational safety are some

(a) MINSA-FETSALUD collective agreement of 17lIdemands of women health workers"j

the obI

(b) Collective agreement between Empresa Textileraand trade union; clause 27;

(c) Collective agreement between Empresa Nacionaltrade union; clause 8, childbirth;

(d) Collective agreement for the constructionfemale workers and childbirthj

(e) Collective agreement between Empresaand trade union, article 26, of pregnant

(f) Collective agreement, de

Collective agreement, Ministrv ofAssociation of Nicaraaua, article 12,

107 . Tb.e are

(a)

1. Glass ofmothers up to six

diet

Exclusion of pregnant2.

pregnancy.

3. Transfer of pregnantexists.

4. wage the amount not covered

5. Childbirth assistance.

6. Guarantee that the benef retain her

7. Placement of pregnantdo not endanoer their or

8. leave offollowing the birth.

weeks

9. Pre-natal assistance and

10. per cent bonus post-natal

(b)

1. Leave with paychildren are ill.

2 . Fle.:x:ible

3. Leave for

4. Aid for funerals.

5. p.id and leave death of a

memberzed.

Paid leave6.

Sale of school

8. Construction

9. of

10. Health care

page ~:2

ll. I,Jational aDel

child:::en.

12 _ Con1missar:y~ and Dctsic food basJ:et.

13. Gifts, special end-of-year ~anuses. Chrlstmas

14. Cafeteria.

15. Sale of

l6. Medical attention for worl:ers \~7ith se"\rere malrrutritio:n.

17. Graup life in,surance.

18. Pre-school supplies and premises.

(c) ReDraductive health benefits

1. Medical check-up as aften as necessary and at least every six manths. Far wamen warkers, the check-up inchldes valuntary gynaecological examinations, and those warking with pesticides are exancined every two months for as long as the work continues.

2. Specialized medical attention.

(d) Traininq

1. Adult education of up to two and a half hours daily, with pay.

2. Financial aid for workers enrolled in classes.

(e) Health and nccupat:io::la l safe::v

1. Death benefits.

2. G~oup insurance.

3. Impravement of clinics in wark pJ.aces.

4. Training in health and safety.

Forming of 2. heal th commi::. tee t~o erJ.su.re proper condit.iol:,.S,

INSTITUTE

FUNCTIONS

108. The Nicaraguan Social Security and Welfare Institute (INSSBI) is responsible for establishing, organizing and administering the vario·LLS

19 e. 6 ./ -:3 / A.d.d -

page :::3

national social security systems; collecting contribucions and other Institute income; granting the benefits set forth law; investing its funds in accordance with the legislation in force; conducting required socio-economic research on the influence of social factors on the welfare of the population, producti vi ty and national economic development; developing-, in cooperatlon with other institutions, education in scientific emd tech..nical disc iDes connected with social security; helping '::0 improve the 1 st.anda.~ds of tne recipient population and carrying out all other activities that are conducive to the Institute's goals, in accordance wlth the general aims of national plans in the field of social security.

STRUCTlJRE

109. The Nicaraguan Social Security and Welfare Institute (INSSBI) is structured as folIows:

Chapter I, 'Organization', article 110. bodies of the Institute:

(a) Board of Directors

(b) President and Vice-President

(c) Tecrillical Board

(d) Internal Audit

The following shall be the

(e) The administrative services required for its functions.

F. LEGAL l\ .. LIGNMENT OF THE UNDERTAKINGS OF NICARAGUA AS ASTATE PARTY TO THE ILO CONVENTION ON THE EMPLOYMENT OF MINORS WITH WORK BY CHILDREN AGED 12 TO 14, AS REFERRED TO IN PARAGRAPH 41 OF THE RE PORT (E/1986/3/.;;dd.1S)

110. Because of the nature of the vwrk invol ved, children in IHcaragua are not employed in industry. On farms - that is, in agricultural work - children are permitted to work in the sowing and harvesting seasons to supplement their parents' income.

G. SITUATION OF ORPHANS At;rD ABANDONED CHILDREN, .;;ND l\jLlMBER OF CHILDREN .A.lm

YOUNG PEOPLE WHO ARE NOT COVERED BY THE SOCIAL SECURITY SYSTElVIS

111. Through its social welfare component, the Nicaraguan Social Security ana Welfare Institute is responsible for conducting social programmes at "c:he national level. These programmes are aimed at the least pro"c:ected sec tors of the population, with special attention to children, ehe the disabled and repatriated refugees.

112. Social development in Nicaragua is aimed primari at promot facilitating and coordinating, in the framework of a dYTlami.c concept of respect for human rights, especially children's rights, comprehensive activities involving community participation, aimed at improving the qual of life of the most vulnerable sectors.

86/3lAdd.16page 24

113. Encouragement is currently being given toactivities that genuinely reflect the needs andgroups and the community. possible solutionspopulation in question, should take individual

into account.

114. This principle of participation involves f on the one I

self-help among the rnembers of a communitYl and, on the other/for the community to organize itself.

115. Poverty will be overcome not by theonly, but through the creation of realtherefore, for investment in people.

SERVICES FOR CHILDREN AND FAMILIES

116. The Nicaraguan Social Security andthe family to be the most important unitpriority ta special programmes for itsrehabilitation.

of assfor sel-F

considers

117. There are special care programmes aimedupbringing for dependent children who areaffected by the break-up of their parents'rehabilitation is also provided to children who havehave fallen into bad habits such as alcoholism or

118. Protection and guidance are also given to s fatherswho have been left by their spouses and/or troubled as a resultin the horne.

119. Social assistance has increased in recent yearsfor various reasons, the number of victims has also been

same

120. The assistance provided to date is reflected in the

(a) In 1992 1,701 cases of marital conflict were4,630 cases of family conflict relating to

(b) Family protection activities included 8,037parental responsibility, for which child support allowances to bethrough administrative channelsi

(c) There were 4,374 caseswho were victims of abuse, druq addiction,

(d) Care was provided for 500 childrenState-assisted hornes and 150 in voluntarv hornes

121. Education programmes in general dealeducation, such as family planning, birth-controlbetween mother, father and children, etc. Theseteams in the various rural and urban communities

tb.e countr~{.

122. There are 30 child centres incountry. Pre-school activities are

programme in ordinarv schools

123. Programmes called Ircommunity canteens"There are currently 10 of them in the of Managua.in the use of soya as a foodstuff. The programme coverspregnant wornen and old people in various communities.

124. INSSBI also supports a programme called "Support and assfamilies for the prevention and resolution of familv conflicts .

125. Zonal welfare units, located at different in theand departmental units throughout the country conduct courses"Parents' schools ll

, which deal with the various conflicts that arisefarnilies and are therefore harmful to children. Courses are conductedindividual basis, or with couples when so

126. The Nicaraguan Institute for Warnen deals with theviolence against wornen from various points of view social,psycho-social and therapeutic. Other bodies, such as the IXCHEMCentre, also deal with this problem.

127~ The INSSBI Office for Children and the Farnily isproject called lIChildren and the Family", withfrom INSSBI-UNICEF.

128. The following definitions were included in the Government1saction for 1991-1996 f prepared by the National Commission forof Nicaraguan Children in response to the comrnitment made atheads of State in 1990, where the Convention on the ofratified. Specialists from various State took part

129. Children in especially difficult circurnstanceschildren under 16 who for various reasons are 1 in a sserious physical, psychological and social risks that preventdeveloping fully and might even cause them permanent harm.

130. Children in especially difficult circumstances can befollowing subgroups or categories:

131. Children in need of legal protection: this includesexcluded from the legal system, both those who commit offencesare the victims of offenees.

"Cnesefor thernsel"'ves132. Childrenformal or informal sector or childrento support themselvesi itunit, whether or not they are

133. Such children are estimated to nurnber 112,000, ofin urban areas, 13,000 in Managua and the rest in the mainthe country.

986/3 Add.16page 26

134. In the rural areas, therefore, there 92,00former reqions 1, 11, 111, lVI V and VT

135. Street children: the ties of suchvery tenuous. These children are found in urban

involved in the informal sector, whereskills.

in thechildren r136. This subgroup numbers S~~~Hv~

Managua! with the others11, 111, IV, V and VI.

137. Children who have been ill-treated or abandoned theseare occasionally or regularly subjected to ical, sexual emotionalabuse, both in the family unit and in social institutions.includes total or partial abandonment.

138. From January 1990 through June 1991, INSSBI dealt wltnof 3,500 cases throughout the country; the actual number of childrenis estimated to be much higher.

139. Children in institutions: this includes allwhatsoever live either temporarily orwere 16,000 such children in mid-1992, in 2the country.

centres

140. Children in need of social protection this includesthrough 6 years of age who require preventive or curativemedical check-ups. There are 63,000 such children incategory throughout the country. Approximatelv 50,00the ethnic groups of the Atlantic coast.

141. Children in armed conflicts: these childrenvictims of the war, the consequences of which havebiological and psycho-social development. numberwounded children, children who have lost one orchildren, refugee children, repatriated childrenchildren of demobilized parents.

142. Although such children are distributedthey are found mainly in the war zones whereand in areas where the displaced,former regions I, V, and VI or the North AtlanticAtlantic Region (R~~S).

term phenomena such as

143. Children in natural and

disasters.natur~l disasters and alsoaffected

144. There are 126,000 such children, distributedthe victims of Hurricane Joyce in 1988; 8,000 of1991; and 3,000 of the 1992 tidal wave.

145. There have been 1,500 children to lead

146. There have been 600 child victims of pesticide

tation

workI.

other

147. There are 900 children _of agricultural chemieals in

the number of children who have sufferedenvironmental contamination and the indiscriminateresources remains to be established.

148. Children in especially difficult circumstancesthis is such a large groupl saciety remains unaware of the sof IIchildren in especially difficult circumstances .

149. Most cf these children, especially war victims l are faund ineconomically and culturally marginal communities. Institutional responsesthis problem are insufficient in a developing country like

150. Child-care programmes in areas such as health l education, food l

protectioll l prevention and welfare l are limited in coverageeffectiveness because of lack of human and economic resources.

151. Government response is of a multisectoralinstitutional coordinatioll, increasedorganizations and the promotion of jointand make use of different experiences.

152. Programmes are coordinated through theSocial Welfare (see its functions and suhere of activitiesreport) .

153. There are 599;300 "children in difficultHowever, considering the failure to note same cases and theinformation in others, it would not be hazardous to estimateof such children at aver 600,000 throughout the country. Thisrepresents one-third of the total childgenuine NATIONAL EMERGENCY.

ARTICLE 11 - THE RIGHT TO AN ADEQUATE ST~~ARD LIVING

154. Regarding the right to anshould be noted

standard of

(FISE)(MAS) .

155. Since 1990, the Executive has formulatedand the serious consequences thereof.Social Welfare and the and the Office

ic are involved in thisthe Fund for Emergency Sacial Investmentrecently, the Ministry of Social Welfare

156. FISE is a body designed to manage and administerresources for the financing of ernergency social DrOlects.

1986/3/Add.16page 28

meet the pressing needs of the a sextreme poverty/ as a consequence of the

experienced and of the structural ustments thatin the process of stabiliz the economy.

of sound Drolects which will enablecreation.

157. FISE seeks tohigh social impact.

the executionTo that end therefore

(a) It comes directly under the Office of the Presidentand is fully autonomous in its operations. Therefore; it isnormal procedures of the public sectorj

(b) It acts as an intermediary between the sources ofrecipients. It does not execute projects. Thus; its functionssupervise the proper use of the funds verify the technicalworks financed and ensure that the latter benefit the most

(c) It encourages the participationmunicipal and private sectors and ofgeneral I in project formulationi

(d) It has a bank of projects, anational map ofsocio-economic indices. It can thus ehannel resourcesunsatisfied basic needs of the population and thethe specific conditions of operation of the donars,requirements.

158. As to what it is actually doing, it has spentthe start of its operations in 1991 up to Dece~~er

used in managing projeets with an average three-monththe costs of direct and indirect labour, materials and tools.

159. The funds for financing the projects areorganizations: the Agency for InternationalInter-American Development Bank (IDB) f theAgency (CIDA) , the Danish InternationalKreditanstalt Für Wiederaufbau (KFW) ,Cooperation for Development (COSUDE) ,and from

160. As regards job creatlOn, the execution of thestart of operations in March 1991 to December 992month. Of this figure, 89/640 Drovided direetindireet employment.

161. During 1993, by , 6,663 jobs perof 2,299 direct jobs and 3 764 indirect

162. By area of investment, the funds were distributed

Execution of social infrastructure projectsinstitutions, etc.): 40 per cent

Socio-economic sector (muni5 per cent

markets j

Environment ects reaf programmes

Social welfareother programmes

ects4 per cent

health/

Vocational 3 per cent

THE MINISTRY OF SOCIF~ WELFARE

163. The Government ofliving standards of theSocial Welfare (MAS) in January 1993.

164. The main aim of this Mlnlstry, asthe coordination of the Government's socialderiving from it, as weIl as the properorder to improve the living conditions of theof poverty.

165. In accordance with its main objective, it has the

(a)

policYiTo draw up proposals for the formulat of the

(b)

process;To encourage ic social

(c) Ta facilitate thebenefit ~Jlnerable population groups such aschildren in particularly difficult circumstancesand to seek self-support solutions wherever pos

(d) Ta facilitate the execution of inter­boost production, and imorove infrastructureneedy communitiesj

services

(e) To promote externalgoals of the social policv andobtained;

(f) To participate in dealfacilitating the care and recoveryother disastersj

To work for thepolicies, and incorporate

(h) To formulatethe effective participation of

6 /3 / J\.dd . 16

page 30

(i) Ta farmulatethe integration of ethnic minorities intosocio-economic development

(j) To coordinate the execution of any socialunder the direction of the Office of the President ofany other social programme for which the Governmentis not specifically assigned to a or government

(h) To coordinate thesocial sector, in line with

theof the

(i) Any other dutiesof the Republic.

to it or

166. As regards social policy, the three main lines of action

To provide the basic social services in orderconditions of the population and workers

To provide a safety net to protect the most vulnerablechildren! the elderlYl the most unprotectedj

Tc execute programmes that provide the poor with accessopportunities, through cooperatives and micro-

167. In practical terms! to deal with unemploymentpromoted in twophases: temporary emplo-yment (\..-IJULWU..l..l. .....

employment.

168. In the first instance, the aim is to generatewhich means the investment of funds so that theemployrnent and income. In the two-and-a-half months14/600 temporary jobs have been created in 55 communi

169. As regards permanent emplo2~ent,

provide financing for praductionetc.) .

170. In order ta create bath temparary and permanentmade a specific budget allocation, administeredWelfare, of 40 million c6rdobas (around 6/700,000the year 1993.

171. Briefly within three months ofimplementing six important measures:

The creation of 14,600

The consolidation into a sthe country's social problems;

of

The establishment of a Social Affairs Boardso that

iCYiwill be taken into account in the

crl

The commencement of the definition and execution of the social

Initiation of thewill receivethe Banco

The conversion of the National Institute for Wornen (institution into an instrument for the orotection of wornenareas of society.

172. Regarding price control, consistent with the new economicbasic element is the liberalization of the economy, there is currentlof price control for essential products. Prices are determined marketforces/ except in the case of certain basic services which are in thethe Government, like electricity, public transport andsome price restrietions have been introducedvulnerable sectors of society.

173. The activities of the agricultural sector have beensince April 1990. The former Ministry ofAgrarian Reform (MIDINR~), has been divided into threeseparate functions and policies.

174. This means that the Ministry of Agriculture (~~G) has remained as astandard-setting institution of the agricultural sector. In addition!National Agricultural Board (CONAGRO) has been set up as a sectoralcoordinating body/ consisting of the Minister of andof the Nicaraguan Agrarian Reform Institute and of the Natural ResourcesEnvironment Institute. CONAGRO is answerable to the Economic Afand is represented on that body by the Minister of

175. INRP4 is the body which continues to carrynow changed its approach. At present, since thenot legalize land ownership, INRA's main function is toand regulate land ownership in order ta encourage rural

176. Ta that end, it is now pursuing a process ofgranting title deeds, starting with the land bank ofinitiated by the previous administration. These lands arehave not been legally Ilcleared ll

• In other words, thepossession of the title deed and, if they are,

177. It is estimated that in May 1990 there were sorne 7land which had been handed over without any titletransfer as the only documentary proof. Another 300 r OOO

* 1 rnanzana 1.75 acres.

1986j3/Add.16page 32

hands of peasants without any documentationsame 30,000 manzanas are calculated to have

178~ On the basis of this, theINR~ will be the legal clearance of

legitimate owners in the relevant cases.

179. INR~ is carrying out a national programme to survey.for and register lands with financino from the World Bankcomponent of this programmesocio-economic/ technical and of eachof areal topography and fixino of boundaries.

180. INRA's main activities are the(DRI) , the major component of which issocial infrastructure and training in theorganizational and social (education, health and warnen s programmes)

181. The goal of these programmes is to raise thewhere they are being carried out, and thus achieveThe programmes have a small credit component.

182. Four DRI projects are being executed in the

Rio BlancoMeseta de CarazoChinorte (Chinandega-Norte)Tasba Raya, in the North Atlantic Zone

183. Regarding credit policy, INRA is involved inwhich, as stated earlier, have small credit components.itself to making recommendations onBank which executes the bulk of thethis, it requires a title deed. Natura~~y, glven tneabove regarding the legal status of the lands handed overreform, this requirement has become a serious obstacle tofinancing.

184. As to the progress made in thefollowing observations are called for:

Food Programme

185. Since the restructuring of MIDINRA, in May 1990of the Ministry of Agriculture (~~G), with support frombodies, made a study of the public aoricultural sectorIsframework.

conclusion oi the186. OnePAN, which t rnoreover, relied substantialagricultural sector had na structuredcoherently into the various measuresorganizations in that field. Against thatthe goal of having PAN function as a multisectoral

reduction in externalfield of food s was not

the various sectors.

87 . C:nn E=; ~aueI1 tl .,v inorient the react vation and

-cural roodion and that

for ta

increase

acl1ie\7"e and

as one of t_he

count.r~{ .peace and

Office of the President the

188. This statement demonstratesacco::cds ta food

food

of the Ministries of Externalthe Vice Minister af the Office of the

PAtJ, con-\rerled CL

189.

EducatioD, Health j Economy and ta form permanenttechnical food and nutrii=.ion co"uncil to assist the Socialtl-le areas of food and nutritiorl with tecbnical assistance fron~l the l\JutritioTlInstitute for Central America and Panama and FAO

190. The role ror PAN was redefined as a specla~ programmeta the , to pursue activities ta the work of therespect of food security, the measures to promotethe food arid nutritional conditions of the vulnerable groups

191. In line with the new definition of ts rol ; PA~Jfs activi are focusedon the

(a)

icies andforrnulation execution

ther progralllmeS

area of food

thel~ssi(b)

execution and evaluationassistance agreements inof aoricultural commodities

(c) K~G in ter-ministerial and intersectorial technicalbodies for the support and coordination of the Government' food

(d) theof the economic and social

futurefood

(e) support for V~G

_ects to increase foodfood agro-

~/ Chapter 1 of the documentLINEAMIENTOS PARA LA REACTIVACION,

198 /3/Add.16page 34

coordination between ~~~G and other national bodies anOconcerned with food security and ensurinq their

f) the establishment OI

Jul.nex 2192. MAG and PAN were

calorie intak:e

Calorie intake from 1985-1991

Protein intake rrom 1985-1991

193. Both tables were based on the calorie survey conductedcontained in Balance Alimentario ~t~G-PAl~.

194. Concerning housing, annex 3

Nicaraguan Housing Bank, entitledperiods in the history af the

ta this report containsHHaus The

situation in

a document thecovers

1914-1978

1979-1989

1990-

195. The document sets out the housingof President Violeta Barrios de Chamorro,situation inherited from the Sandinisthousing itself and housing ownership.

AARTICLE 12 - RIGHT TO PHYSICF~ knD MENTF~ HE_~TH

24. Structure, functions and coverage of the national

25. Percentage of the nationalTotal budget is 2,535;209 12The budget approved for the health sectorand 77 centavos. The of theto health is therefore 19 per cent.

26. Principal measures forhygiene.

environmental or

27. Prirlcipal programmes of medicine.

28. Principal programmes for the treatment of endemicdiseases.

f programmes196. The answers taPlan

2 8

Palicv: qaals and oriorities

197. The Ministry of Health uses a systemactivities for the care of the individualweIl as the environment, in order to dealpopulation. Its strategy is to develop the LocalSystems (SILAIS) , through which theestablished:

aJ To promote the joint responsin heal th vlork

(b) To achievedisease and deaths r

environmental healtheducation vlith

reductlon in

bas

(cand theand

Ta disseminatedisease preventioni

basic information about

(e) To promote, in the short-term, nutrition assistancefocus on tackling the most urgent of the groupseducation and food and nutrition monitorinq programmes.

Goals

198. Under this heading, the reduction of infant and maternalmortali'ty and of the impact of disabilitv has been accordedproposed to achieve this

(a) Reducing the mortality of children under one year of age,reducing mortality caused bv acute neonatal diarrhoea and acute neonarespiratory diseasei

(b) Reducing the incidence and of transmissible diseases,through the introduction of preventive measures such as vaccinationsystematic vaccination and control of diseases and

promoting risk-free maternity;itsmaternal mortal(c)

(d) Providing t and effective care to the disabledbeen reintegrated into societv and the

Priorities

199. In working towards these objectivesgroups and territories:

to

(a) Paor and eSDeciallv -headed

(b) Landless peasant wornen

(c) The unemploved and

(d) Mother-and-child groups and thein particularly difficult circumstances,displaced, repatriated and demobilized persons

1986/3page 36

(e) Areaseconomic crisis

(f) Areas with the greatestand lL1U-.L..l...J...'--.J...l-.IL-L.J...i ties J

Urban the rrlain

PROGRAMMES, SUBPROGP~~~~ES l\.CTI\TITIES

200. On the basis of these sandout the programmes

(a) , aimed athealth risk factors which contribute to thernorbidity and rnortalitv of the DODulation inparticular.

1. Environrnental health programme2. Food programme3. medicine programme4. School hvoiene programme

(b)

Programme for the care of women (reduction

Risk-free

childbirth andcare, treat low-risk

risk pregnancy

Risk-free:health,

pregnancy,care during childbirthcare after childbirth.

(c)

(d)

e

_ iveborn under proper conditionsprotecting it from diseasesachieving universal vaccination

and rneasles f

vaccination ) f

illnesses.

GroiJ.lth andAcute diarrhoeaPerinatal careAcutePaediatric ~

Increased immunizationNutrition

cf

(f)

Programme of transmissibleand strengthening of health services

Diseases transmitted theSexually-transmitted diseasesAIDSTuberculosisCholeraProgramme of vector-borne diseasesMalariaDengueLeishmaniasis and Chaoas diseaseZoonosis (rabies)

(g)

The following have beenintegration of disabled persons,involving society, the cornmunityrehabilitation, institutionaland the equipment andstandardizedimproved.disabled have been

(h)

Reduction oftendency to become

(i)

Reduction'- .... andfor expectant mothers.