Corporate liability, state responsibility, and labor rights intervention as a strategy to address a public health crisis: Developing a framework for protection of sugarcane workers in Nicaragua

ABSTRACT: In western Nicaragua, sugar cane workers are dying at an alarming rate from new form of kidney disease, known as chronic kidney disease of unknown etiology (CKDu). In some communities nearly 70% of the men cutting sugarcane suffer from the disease, and of those nearly one-third have end stage renal failure. Legally, this occupational illness cuts across issues of effective governance, corporate liability, social protection, public health, and labor rights with wide-ranging societal implications. In the absence of functioning domestic regulatory and law enforcement mechanisms, labor rights activists and civil society organizations in western Nicaragua must look towards alternative legal and non-legal approaches to increase worker protections. This paper discusses the process through which a framework for protection is developed, elucidates its content, examines its utility, and explores the options for implementation across contexts.

METHODOLOGICAL APPROACH: Currently, La Isla Foundation is conducting a cross-disciplinary human rights study in western Nicaragua that utilizes the proposed framework as a baseline to establish the extent of legal compliance among the largest sugarcane producers and government enforcement legal protections. With consultation from local actors, researchers have designed a qualitative and quantitative investigation protocol that incorporates various research tools, including a survey questionnaire, focus groups, and semi-structured key informant interviews. Over the next few months, the study will be piloted in selected communities. After the pilot phase, researchers will evaluate the effectiveness of the legal framework in gauging the nature and extent of rights violations and its utility in developing appropriate strategies for redress.