Observation (CEACR) - adopted 2006, published 96th ILC session (2007)

Freedom of Association and Protection of the Right to Organise Convention, 1948 (No. 87) - Nicaragua (Ratification: 1967)

The Committee takes note of the Government’s report.

It also notes the comments of 31 August 2005 and 10 August 2006 by the International Confederation of Free Trade Unions (ICFTU) referring largely to matters already raised by the Committee. The ICFTU also reports impediments to the registration of the executive board of a trade union, the prosecution of seven trade union leaders and a strike in the education sector that was declared unlawful. The Committee requests the Government to send its observations on these matters.

In its previous observation, the Committee noted that under section 9 of the new Civil Service and Administrative Careers Act, No. 476, workers in state-owned public enterprises, universities and higher technical education institutions are excluded from the scope of the Act, and asked the Government to provide information on the legislative provisions governing the exercise of the rights set forth in the Convention for these workers. The Committee notes in this connection that, according to the Government, the trade union rights of workers in public enterprises, universities and higher technical education institutions are established in the Labour Code and in collective agreements.

In previous observations, the Committee has asked the Government to amend sections 389 and 390 of the Labour Code which allow compulsory arbitration of the dispute where 30 days have elapsed since the calling of the strike. The Committee notes that, according to the Government, there has been no amendment of these provisions and that since the Labour Code came into force, no arbitration courts have been convened to rule on any collective disputes. The Committee once again points out that if a dispute is referred to compulsory arbitration after 30 days, the arbitration award should be binding only if all the parties agree to it, or where the strike has been called in an essential service in the strict sense of the term or during an acute national crisis. The Committee requests the Government to provide information in its next report on the measures taken or envisaged to amend these provisions as outlined above.