Under the adversarial system, the Office of the Attorney General is required to bring charges and request protection measures (precautionary measures) on behalf of the victim, as set forth in articles 110, 167, 195 and 201 of the Code of Criminal Procedure. The Code emphasizes the importance of protecting the victim, and the officiating judge is required to impose all precautionary measures available. The Code also provides for the victim to be protected during the oral proceedings and for measures to be taken to prevent the person from being further victimized or being asked questions that offend his or her dignity. Similarly, there is an ethical handbook for the staff of the Office of the Attorney General and another for court officers, who must ensure that the rights of victims are protected throughout the proceedings, so that there is no violation of their safeguards or security.

Likewise, article 202 of the Code of Criminal Procedure establishes penalties of three to six years imprisonment for anyone who establishes or operates a place of prostitution, or who, for profit and through physical or moral violence, abuse of authority or deceitful manoeuvres or by means of any similar ruses, causes a person to enter such a place or forces a person to stay there or carry out any other form of sexual transaction.

16. The Committee, in its previous concluding comments, requested the Government to provide in its next report information on the migration of women and girls, including why the movements are occurring, the destination points and the extent to which these women and girls become vulnerable to sexual exploitation, including trafficking, prostitution and sex tourism. Please provide information on the steps taken in response to that request.

The percentage of migrants is similar among men and women, although in recent years, a higher percentage of emigrants have been women and young people. Migrants are in the economically active age group; 84.9 per cent are between 15 and 49, an indication that people emigrate for the purpose of seeking employment. In general, the educational profile of migrants is usually above the national average, thus causing a loss of human capital. Migration is a deliberate strategy adopted by households in response to economic constraints. The main destinations of migrants are Costa Rica and the United States of America.

Participation in political and public life

17. The report provides some statistical information about the number of women in elected office, at some levels. Please provide more detailed statistical information about women’s representation at all levels of the Administration, including at the municipal level, as well as in Government-appointed positions. Please reflect the participation of racial minorities in the information.

Political participation by women is currently still low in quantitative terms. Women comprise 17 per cent of ministers, 20 per cent of executive presidents of autonomous entities, 22 per cent of deputies in the National Assembly, and 33 per cent of commission chairpersons; and there is one woman on the Governing Board of the National Assembly. Three of the 11 members of the Supreme Court of Justice are women; the proportion of women members is 46 per cent in the appellate courts, 51 per cent in the district courts and 68 per cent in the local courts. Overall, women represent over 60 per cent of the total number of judges in the country. Eighteen out of 153 municipalities have women mayors.

To date, ministerial positions occupied by women have been limited to the spheres traditionally associated with women, such as health, education or family affairs. However, women hold positions as vice ministers in the areas of defence, finance, foreign affairs, and agriculture and livestock.

No information is available on the participation of racial minorities.

18. Does the Government intend to make use of temporary special measures, in accordance with article 4, paragraph 1, of the Convention and the Committee’s general recommendation 25, to achieve equal participation of women and men in political life, at the national, regional and local levels?

The two majority parties (the Sandinista National Liberation Front, FSLN, and the Liberal Constitutionalist Party, PLC) set a quota for women of 40 per cent and 30 per cent respectively to ensure their participation in the party structures.

19. The report notes that the judicial branch is the area of Government where women are best represented. Has the State party undertaken an assessment of the factors that have made that achievement possible, and if so, how could lessons learned from that area be applied to other branches and levels of Government to accelerate women’s equal representation?

No such assessment has been undertaken.

Employment and social and economic benefits

20. What measures are in place to monitor adherence to, and ensure enforcement of , labour legislation to enhance protection of the rights of women working in maquiladora factories and free trade zones, as well as their access to justice?

The organized women’s movement has launched legislative initiatives in favour of women workers in free zones, with the result that, in 1998, a Code of Conduct served as the basis for a ministerial resolution that was endorsed by the Ministry of Labour. The resolution was signed by all investors in maquiladora companies; it stipulates that foreign investment in Nicaragua is bound by our country’s labour legislation.

A further initiative was the reform of the Free Zones Act, to which a special chapter was added on the social responsibility of investors towards Nicaraguan workers, both male and female.

21. The report refers to the precarious situation of domestic workers and indicates that they are subject to legal provisions that make discrimination against them lawful (para. 123, see also para. 109). Please provide detailed information about the situation of domestic workers. The response should include information about the proportion of domestic workers in relation to the overall number of women in the formal and informal economy, type of employment and their citizenship status, as well as any recourse available to them against violation of their rights.

There is no information available about the situation of domestic workers.

22. Has the Government taken steps to reform the current regulatory framework of microfinance and microcredit lending since the last reporting period, in order to grant special status to programmes and projects especially positioned to serve women, especially female heads of households in rural settings (see para. 180)?

The steps taken by the Government have not been sufficient given that in recent years an increase has been seen in the total credit granted, but all micro-, small and even medium-sized enterprises have had only limited access to formal bank loans, in both rural and urban areas. Overall, the total amount of credit granted for agriculture, stock raising, industry and trade decreased between 2001 and 2005, even though the number of loans rose. The average size of loans reflects an exclusive focus on micro- and small rural production.

Among all the producers in receipt of funding, only 13.8 per cent received formal bank loans, while 62 per cent benefited from non-conventional credit. A gender gap is also to be seen in terms of the purpose of the credit. In the case of women, 73 per cent of the credit received is earmarked for trade and service activities (with only 4 per cent for agricultural activities); in the case of men, 30 per cent is earmarked for agriculture and 39 per cent for services.

23. What measures are in place to promote women’s land ownership and to ensure women’s de facto ability to manage their land when they are the sole land owner (see para. 190)?

Response to follow.

24. In its previous concluding comments, the Committee expressed concern about the lack of information on the migration of women and girls, and requested that related information be included in the subsequent report (see A/56/38, para. 315). Please provide that information, including numbers of women and girls that migrate, their main destinations and measures in place to inform migrant women of potential risks.

See response to question 16.

Rural women and poverty

25. Please indicate how the 2001 Enhanced Economic Growth and Poverty Reduction Strategy specifically benefits rural women, in particular women in extreme poverty, including indigenous women and women of African descent. The response should indicate how implementation of the strategy is monitored.

The Enhanced Economic Growth and Poverty Reduction Strategy has not specifically benefited poor rural women. Within the framework of the national development plan, a national gender equity programme has therefore been designed in this connection as a key factor in economic production.

Marriage and family relations

26. The report indicates (para. 200) the use of customary law as a basis for community mediation, in order to enhance women’s access to justice. How does the State party ensure that such alternative dispute resolution services do not disadvantage women or limit their access to justice?

There has been no progress in this area.

27. The report indicates that “in accordance with article 2 of the Children’s and Adolescents’ Code, a child is defined as a human being below the age of 13 years” (para. 205). However, according to the Convention on the Rights of the Child, ratified by the Government on 4 November 1990, “a child means every human being below the age of eighteen years”. The Civil Code provides that “the minimum age for marriage with parental authorization is 15 for men and 14 for women” (para. 205). Will the Family Code, awaiting adoption by the National Assembly, raise the minimum legal age of marriage for girls and boys with a view to bringing it in line with the Convention on the Rights of the Child and the Convention on the Elimination of All Forms of Discrimination against Women?

In chapter III (“Competence to enter into marriage”) of the proposed Family Code, the age of marriage specified in articles 27 and 28 is indeed at variance with what is stipulated in our Civil Code in force, since it states that adult men and women who are 21 years of age are competent to enter into marriage. Young men and women aged 16 may enter into a civil marriage, provided that they have the consent of their parents.

28. The report mentions that the Civil Code still contains discriminatory provisions in particular with regard to marriage and family relations (para. 204). Kindly indicate what obstacles prevent the Government from repealing such discriminatory provisions.

Civil legislation needs to be brought into line with constitutional provisions. Efforts to this end have not had the support of the legislative authority, which gives priority to other topics of partisan interest.

Optional Protocol

29. Please indicate any progress made with respect to the ratification of the Optional Protocol to the Convention on the Elimination of All Forms of Discrimination against Women

No progress has been made in this connection.