Individual Case (CAS) - Discussion: 2023, Publication: 111st ILC session (2023)

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

Discussion by the Committee

Government representative – On behalf of the State of Nicaragua, I refer to the 2023 report of the Committee of Experts in which it notes the observations of the International Organisation of Employers (IOE) and the ITUC, and reiterates the comments made in the discussion held in the Conference Committee on the Application of Standards in June 2022 in relation to the application of the Convention by Nicaragua. With reference to these comments, in which the Committee of Experts urges the Government to give effect to the recommendations and conclusions of the Conference Committee and to provide information in consultation with the social partners on the measures adopted in this context, the State of Nicaragua considers that it is regrettable and unacceptable for the Conference Committee to take up this subject once again when it was addressed and clarified at the 110th Session of the International Labour Conference. It is clear that an attempt is being made to link a subject that is not related to the spirit of the Convention, as set out in the Constitution and Standing Orders of the ILO, thereby once again demonstrating interference and the politicization of matters that are not related to labour.

We refute the instrumentalization and politicization of the ILO, through comments and interventions with a clear political bias which damage the credibility of the House and its Constitution. We condemn the fact that the present Committee is the stage for perverse interests with a view to interfering in the internal affairs of Nicaragua for the purpose of undermining the peace, sovereignty and labour and social stability of Nicaraguan families.

The State of Nicaragua, in relation to the recommendation to amend sections 389 and 390 of the Labour Code, recalls that, in accordance with the principle of sovereignty established in the Political Constitution, we have always held and reaffirm that the decision rests with the people of Nicaragua, and not in recommendations that affect the rights granted to Nicaraguan families.

The State of Nicaragua ensures compliance with the Political Constitution, all national labour laws and the international Conventions of the ILO ratified by Nicaragua for the benefit of workers and is continuing to strengthen dialogue and the right to freedom of association with Nicaraguan workers with a view to ensuring the full exercise of the right to organize their activities and formulate their programmes in full freedom, thereby giving effect to the right of workers to participate in the management of enterprises through trade unions. We add that we are a responsible State under international law and that we have fully complied with the requirement to provide reports on this subject, as set out in articles 19 and 22 of the Constitution. We fulfil our financial obligations in respect of the Organization, of which we have been a Member since its foundation, despite the unlawful coercive measures fomented by certain Government Members of the ILO.

And yet, in Nicaragua, women and men Nicaraguan workers benefit from legal provisions that enable them to strengthen dialogue and consensus in the event of labour disputes or strikes with a view to ensuring stability of employment as a very important strategy to achieve progress in the eradication of poverty and the defence of labour and social peace in our country. A clear illustration of the harmonious social dialogue between workers and employers in Nicaragua is the recent adoption of an increase of 10 per cent in the minimum wage.

We reiterate that the Government of National Unity and Reconciliation does not accept and will not accept the use of this mechanism to continue destabilization campaigns and that we are continuing to restore the rights of Nicaraguan families, including the right to employment stability, freedom of association and social peace and justice.

Employer members – I thank the Government of Nicaragua for its appearance today, and for the information provided to the Committee. Nevertheless, we refute several of the arguments put forward by the Government representative this afternoon.

Indeed, we have before us a case involving a fundamental Convention of this Organization. We are faced with a case that has already been discussed on various occasions and on which the Committee of Experts has provided comments.

This year, the Committee of Experts has once again made comments as there has been no change in the situation denounced by the IOE on 1 September 2021, and indeed the situation is worse in certain respects. The observations have taken into account the comments made in 2022 by the IOE and the ITUC, and we are once again examining observations in 2023 in relation to the State of Nicaragua and the Convention, of which we will soon be celebrating the 75th anniversary of its adoption. The Committee of Experts tells us, in brief, that it deeply regrets that the Government’s report contains no information on, nor any allusion to, the recommendations made by the present Committee in 2022, which is a matter of concern to us. The only thing that the Government of Nicaragua has done is inform us of certain progress in relation to the application of the Convention. We are therefore concerned at this attitude of ignoring the recommendation made by the Committee, a supervisory body of the ILO that is tripartite in composition. This therefore denotes an apparent lack of action and an apparent absence of commitment to ensure respect for these standards-related obligations which have been incumbent upon the Government of Nicaragua since 31 October 1967 by virtue of its ratification of the Convention.

The Committee of Experts also urged the Government, in consultation with the social partners, to take each and every one of the measures urged by the Conference Committee last year, which concern serious and urgent matters.

The Committee of Experts called for the freeing of any employer or member of a trade union who may have been imprisoned in relation to the exercise of the legitimate activities of their organizations, in respect of which we have not received any justification or explanation whatsoever from the Government. It also requested the Government to establish the tripartite dialogue round table recommended by the Conference Committee in 2022 without further delay and to accept at an early date the direct contacts mission.

With reference to Article 11, the Committee of Experts has recalled that the rights conferred upon the employers’ and workers’ organizations protected by the Convention are void of meaning in the absence of respect for fundamental freedoms: such as the right to protection against arbitrary detention and imprisonment; and the right to a fair trial by an independent and impartial tribunal; and requested the Government of Nicaragua to report on the measures adopted. Up to now, in relation to a case which in the view of the Employers’ group is serious and urgent, we have not received any reply on this situation from the Government of Nicaragua.

This attitude by the Government is serious, in our view, because it is resulting in a crisis in the work of the ILO supervisory bodies, which are tripartite in composition, and the conclusions that they adopt are therefore approved with the consensus of the social partners in the Committee. It is therefore of no avail to make allegations when the provisions of ILO Conventions, Recommendations and standards are unfavourable and to avoid taking action when the comments of the supervisory bodies do not fit in with our interests and situations. This is a matter of concern and means that, once the case has been examined, we will be emphatic in reiterating many of the conclusions reached by this Committee last year, with the corresponding renewed emphasis.

According to several international and Nicaraguan human rights bodies, acts of persecution and intimidation are persisting in the State of Nicaragua which are tantamount to the criminalization of any expression of dissidence and of freedom of expression, including through the detention and prosecution of members of civil society under charges and procedures of questionable legality. Moreover, these bodies emphasize the adoption of a series of laws which have resulted in the closure of important civic and democratic spaces in violation of international standards on these subjects.

With reference to the first of these points, a series of social leaders, among others, have been imprisoned, and we wish to place emphasis on the situation of José Adán Aguerri Chamorro, former President of the Higher Council for Private Enterprise (COSEP), as well as the threats, intimidation, persecution and reprisals against Micheal Edwin Healy Lacayo and Mr Vargas, among others, who are officers of the COSEP, as well as the violent seizure of Mr Healy’s ranch on 17 June 2018 by 15 armed persons with their faces covered who took possession of his private property. In view of this situation, in respect of which, in light of its gravity, I recall that the ILO Director-General in two communications in 2022 called on the Government of Nicaragua to provide information concerning the arbitrary detention of José Adán Aguerri Chamorro, as well as the other cases, and on 21 October 2021 concerning the last President of the COSEP, Micheal Healy, and his Vice-President, Álvaro Vargas.

Acts of interference and threats have also been made against the property of the COSEP. Charges have been made on grounds of fiscal terrorism, a mechanism used by the Government against employers who, as opponents, are subject to charges for the crime of tax fraud. In relation to the land seizures, defamation campaigns and persecution of the COSEP, we would like to refer in particular to the level that this situation relating to the COSEP has reached with Ministerial Decisions Nos 26 and 27 of 2023, through which the Minister of the Interior revoked the legal personality of 19 employers’ organizations, including the COSEP, on the grounds of failure to comply with the laws regulating them. The legal opinion on which these administrative acts are based indicates that the organizations did not complete the process of validating their registration, there were inconsistencies in the information provided and unjustified changes in their accounts. The opinion claims that, through these acts, they were not adopting policies of transparency, even though the comments made refer exclusively to 2022. It was published on 6 March 2023 in the Gaceta Oficial.

The administrative dissolution of the COSEP, by decision of the Government, is in flagrant violation of the provisions of Article 4 of the Convention, which provides that workers’ and employers’ organizations shall not be liable to be dissolved or suspended by administrative authority.

Not only was its legal personality revoked, in violation of the Convention, but in various cases the Government seized the property and froze the bank accounts of the chambers that had been dissolved. Furthermore, on 9 February 2023, the Court of Appeal of Managua ordered the immediate deportation of 222 political prisoners to the United States of America. On the following day, they were declared traitors of the country and deprived of their Nicaraguan nationality. On 15 February 2023, another 94 persons were deported to the United States, including two Presidents and a Vice-President of COSEP, whose nationality was also revoked.

The United Nations High Commissioner for Refugees (UNHCR) has expressed concern at this situation. It indicates that the recent legislative reforms in Nicaragua allow citizenship to be revoked on arbitrary grounds and are contrary to Nicaragua’s obligations under international and regional human rights law. International law prohibits the arbitrary deprivation of nationality, including on racial, ethnic, religious or political grounds. The exercise of fundamental rights, including freedom of expression, freedom of assembly or other rights associated with political views, can never justify the deprivation of nationality.

The UNHCR called on Nicaragua, which is party to the 1954 Convention Relating to the Status of Stateless Persons and the 1961 Convention on the Reduction of Statelessness, to respect its international obligations to ensure the enjoyment of the right to nationality and to take measures to prevent and eradicate statelessness. We are therefore confronted by a serious case and, above and beyond the conclusions that we may adopt in the Committee, the Employers’ group in any case reserves the right and does not set aside the application of any other instrument available through the ILO Constitution to defend the situation of employers in Nicaragua and to endeavour to rectify the flagrant violation of the Convention by the Government of Nicaragua

Worker members – This is the second consecutive time that the Committee has considered the lack of application of the Convention by the Government of Nicaragua. As the Committee of Experts indeed noted, the Government reports contain no information or reference to nearly all the recommendations by the Committee last year, with one exception.

In this regard, we start by urging the Government to provide the Committee of Experts with all information on any measure it may have taken to ensure compliance with the recommendations. Before going into any of the specific points, we also again want to reiterate the basic principle that all governments must respect the right to freedom of association. We must emphasize, recalling the Committee of Experts, that the right to freedom of association is emptied of all meaning if there is no respect for fundamental human rights, the rule of law and civil liberties. We urge the Government to provide the Committee of Experts with all the material information regarding the charges brought against the leaders, the legal or judicial proceedings instituted and the outcome of such proceedings.

We must stress, as the Committee of Experts has done, the crucial role that tripartite social dialogue can play in achieving significant progress at the national level and, in this sense, the Worker members also request the Government to facilitate social dialogue with the presence of the ILO. We reiterate our recommendation last year to urge the Government to establish a tripartite dialogue round table without further delay and to avail itself of ILO technical assistance to ensure full compliance with its obligations under the Convention.

On legislative matters, the Committee of Experts has insisted on the need to amend sections 389 and 390 of the Labour Code in order to ensure that compulsory arbitration is only possible in cases where strikes may be limited or even prohibited, mainly in cases of conflict within the civil service relating to officials exercising authority on behalf of the State, or in essential services in the strict sense of the term, or in the event of an acute national crisis.

The right to strike, as an intrinsic corollary of the fundamental right of freedom of association, is crucial for millions of women and men around the world to assert and defend collectively their economic and social rights, including the right to just and favourable conditions of work and the right to work in dignity and without fear of intimidation and persecution. The Worker members expect the Government to take all necessary measures with the technical assistance of the ILO to amend sections 389 and 390 of the Labour Code.

We note with interest the Government’s efforts to strengthen the rights to freedom of association and, according to the information they provided, 44 new trade union organizations were formed in 2021, affiliating 1,158 workers, and 997 trade union organizations were updated, bringing together over 65,000 workers. Nevertheless, the Worker members highlight that the climate of violence, coercion and threats of any type aimed at workers’ and employers’ organizations does not encourage the free exercise and full enjoyment of the rights and freedoms set out in the Convention.

In this regard, as also emphasized by the Committee of Experts, the Worker members call on the Government to cease all acts of violence, threats, persecution, stigmatization and intimidation in relation to the exercise of both legitimate trade union activities and the activities of Employers’ organizations. We urge the Government of Nicaragua to provide all the information requested by the Committee of Experts in this regard and, with the technical assistance of the ILO, to take all the necessary measures to comply with its recommendations.

Employer member, Nicaragua – I am speaking as a representative of private employers in Nicaragua, without forgetting that there was indeed an organization which, as a result of its actions, is in its current state.

We acknowledge the work that is being carried out at this session, and I am here representing the employers of the Nicaraguan Employers’ Organization and as an accredited titular member of the country’s tripartite delegation. We have come here to continue and contribute to the ongoing work on subjects relating to labour, wages and occupational safety and health, thereby giving effect to tripartism in our country. You can see here that we are representing employers who have been running businesses for over 30 years and who have never belonged to the so-called organization that has been mentioned, the COSEP, and we have been working independently to develop the Nicaraguan economy.

In this forum, we have analysed the report on the application of international labour standards, in which it is indicated that Nicaragua is not in compliance with the Discrimination (Employment and Occupation) Convention, 1958 (No. 111). In this regard, I have heard various public officials and Employer members make accusations that amount to little more than political statements that are ill-informed, ill-intentioned and even destructive, based on unreliable information, and which even hide behind the misuse of serious institutions such as this Organization and other human rights bodies, whose focus is unfortunately politicized, and not focussed on the primary objective, which is the organization of work under conditions that enable our countries to develop with equity and labour justice.

This practice has been used repeatedly; we saw it implemented in 2019, when I called for corrections to be made and for a positive focus on these matters for the benefit of our countries, which are mainly developing countries.

Employers’ meetings are currently raising matters that are not in line with the national situation in relation to employers’ organizations, and they have referred to the economy, social issues and issues related to the impact of the failed coup of April 2018. It was a disgrace that, ignoring the approach adopted by our country to security for its citizens, which was exemplary in Latin America, and the sustained annual economic growth of 5.2 per cent over several years, as recognized by the World Bank, in April 2018, with the participation of existing employers’ representatives, a barbaric act was committed which was harmful to our enterprises in general, and those represented by that organization.

In addition to this destructive episode, they have failed to refer to the pandemic that hit us in 2019 and 2020, and two devastating hurricanes, Eta and Iota.

We as employers wish to point out that, together with the productive sector, which has never been held back, and through business investment, the labour of the workforce and appropriate Government policies, we have succeeding in restoring the work dynamic and achieving growth in production, with investments in road infrastructure, bridges, production routes and modern hospitals, creating one of the best health networks in Central America. Other projects include the provision of drinking water, sewerage systems, treatment networks, strategic energy projects, the construction of sports centres across the country, and more. Private enterprises have participated in all these initiatives, including our member enterprises and others, at both the national and international levels.

There are, however, persistent voices that refer to the disappearance of some businesses and organizations, including the previously referred to COSEP, to claim that there is no freedom of association and other falsehoods that do not reflect the reality in the country. They fail to acknowledge that many enterprises disappear as a result of their own actions, as happens with poorly managed enterprises, and others that do not fulfil their legal obligations, such as taxes, social security and legal matters.

Nicaragua is a democratic developing country, and it is our duty to comply with the legal system that adopts laws. Employers in Nicaragua are represented by the Association for the Promotion of the Development and Sustainability of Nicaragua (APRODESNI), and the National Confederation of Small Industry (CONAPI), covering micro, small and medium-sized enterprises, which account for between 80 and 85 per cent of the Nicaraguan economy, and which I have the honour of representing. It is not true that the organization to which reference has been made, of other employers, is the most representative in the country.

It must be made clear that, while some organizations, such as that one, are backed by international recognition and do not enjoy due recognition at the national level because they have usurped the representation of employers. We emphasize that the representation of Nicaraguan employers lies in the organizations referred to previously.

I therefore call on my employer colleagues here, the workers and trade unions that are present, and the governments accompanying us here, to understand the situation in our country, our history and the damage caused to our enterprises as a result of ill-intentioned information, as Nicaragua is under pressure from a number of powerful countries and their organizations, including international financial institutions, such as the World Bank, the International Bank for Reconstruction and Development, the International Monetary Fund, the European Investment bank and others, which have cancelled the foreign investment that our country needs.

All of this is limiting national economic development, the well-being of citizens and business growth. With reference to the court cases, regrettably they have their roots in compliance with laws, whether in our country, Mexico or the United States, where they are applied with greater severity.

Our enterprises and employers’ organizations are continuing to work, contributing to national economic development, and we will make every effort to keep you informed here, as we have been doing.

Moreover, any technical assistance and visits to our country will be well received, on condition that they are requested and in agreement with the Nicaraguan tripartite partners, which are fully functioning.

As in 2019, we call on the ILO to review its procedures, its way of seeing things, to avoid political bias that may distort the reality in our country.

Worker member, Nicaragua – It is incomprehensible why we are before this Committee, dealing with a case that clearly does not reflect the real labour situation. We believe that it is a political decision by some representatives who are ignorant of and certainly do not live in the real situation in Nicaragua. This Committee is once again surprised by the arguments presented, which are taken from sources that are far from impartial and, on the contrary, are mechanisms intended to attack our country through the misnamed economic sanctions driven by those who consider themselves to be the masters of the world.

In Nicaragua, there is full freedom to organize, but there are also rules and regulations that we all must respect. Freedom must not be confused with licentiousness or anarchy. The free exercise of the right to organize must not be understood as impunity to commit crimes or as being above all laws.

In Nicaragua, no union leader is persecuted or arrested for freely exercising the right to represent union interests. There is no persecution for having different ideas or points of view. Undermining the stability of the country and, worse yet, seeking foreign intervention to interfere in our internal affairs, irrespective of its origin, is a crime punishable by our laws. Any differences must be resolved through dialogue round tables and agreement sought. Therefore, the written information has nothing to do with the real situation. In Nicaragua, there are no political prisoners, and the cases of those who are imprisoned for exercising trade union representation or thinking differently have followed due process, in accordance with the law when individuals have committed crimes against peace, human security and the national economy.

Most Nicaraguans love Nicaragua. We defend the right to be respected and to make our own decisions that reflect the reality of our own country. But we reject and condemn all foreign interference that threatens our sovereignty. As a working class, we support any decisions that promote employment growth and the welfare of our people. We have learned that the neoliberal policies imposed by imperial powers have a substantial impact on labour and social rights. Nothing good will come from those who act as the world’s police.

In Nicaragua, social dialogue is not only promoted and practiced, but is also a constitutional right. Tripartism continues to work despite the attempts of those who believe that only they are right. We are a peace-loving and hardworking people. The political Constitution of our country grants us the right to organize in accordance with our interests, while respecting the legal framework that regulates this right.

Both employers and workers have the right to organize unions and exercise the right to strike in accordance with the provisions of the Convention. However, some employers’ organizations are organized as non-profit foundations or non-governmental organizations and are not regulated by the Ministry of Labour. What gives these employers the right to sidestep the legal provisions that regulate them? If these salaried agents of foreign powers do not comply with the laws that regulate them, what are they complaining about? Their approach of complaining in this Committee merely confirms their intention to further harm the people and the Government of Nicaragua.

How can we fight drug trafficking, cybercrime, money laundering and human trafficking unless the country has the laws to prevent and punish these crimes? Nicaraguan workers support any action by the Government to punish those guilty of these crimes, whoever they are. We support any action to combat corruption, condemn narco-terrorists and prosecute cybercrime, because it is our society that is suffering and is the victim of these scourges. So why should this body dictate which laws are to be approved or repealed? I remind you that the role of the ILO is to address labour issues and not to interfere in fields covered by other international organizations.

The double standards of the countries that define themselves as gardens or police the world find expression in the blacklisting of those of who fail to comply with provisions mandated by organizations such as the Caribbean Financial Action Task Force (CFATF), which continues to develop legal standards to prevent drug traffickers or organized crime from using international non-governmental organizations for money laundering, but in this Organization the demand is made to repeal these legal instruments.

While reading this case, we did not find any arguments that justify the inclusion of our country in the cases before this Committee.

It is difficult to respond to a political situation using arguments based on labour. In other words, no matter how much we workers demonstrate support for full freedom of association, the full exercise of collective bargaining, dialogue with a view to achieving consensus to strengthen tripartism, employers will not accept any arguments that do not support their approach of attempted coups d’état, their attitude of selling off the country and surrendering to the interests of the great powers, which raise themselves up as dictators imposing sanctions on sovereign and free peoples and governments.

Nicaraguan workers condemn any economic aggression against economic and social programmes, which undermine action to combat poverty, our main enemy. I reiterate that in our country no one is in prison for exercising the right to organize or for trade union activities, there are no restrictions on the right to organize under the law, and there is no persecution or repression of trade unions.

It is regrettable that the work of this Organization has been deteriorating, years after the employers questioned the right to strike provided for in the Convention, to which we gave in due to union diplomacy. Today it is being used as a political instrument to support foreign interference, through decisions and actions that are not related to labour, but are of a political nature.

I believe that the script for the employers’ representative was not well written. I am very sorry, Sir, but you are very much mistaken, and I invite you to visit Nicaragua to see the reality.

Government member, Sweden – I am speaking on behalf of the European Union (EU) and its Member States. The Candidate Countries Albania, Bosnia and Herzegovina, North Macedonia, Republic of Moldova, the potential candidate country Georgia, the EFTA countries Iceland and Norway, members of the European Economic Area, align themselves with this statement.

The EU and its Member States are committed to the promotion, protection, respect and fulfilment of human rights, including labour rights, the right to organize and freedom of association.

We actively promote the universal ratification and implementation of fundamental international labour standards, including this Convention. We support the ILO in its indispensable role of developing, promoting and supervising the effective implementation of ratified international labour standards and of fundamental Conventions in particular.

The EU and Central America, including Nicaragua, have an association agreement. The objective of this agreement is to develop a privileged political partnership based on values, principles and common objectives. In particular, the respect for and the promotion of democracy and human rights, including labour rights, sustainable development, good governance and the rule of law, and to contribute to inclusive and sustainable economic development, full and productive employment and decent work. The EU remains open to a genuine dialogue based on mutual respect on these and other topics of interest.

Not only are we deeply concerned by the further worsening of human rights, including labour rights and living standards in Nicaragua, but also by the Government’s failure to take any action to follow up on the conclusions of the 110th Conference Committee on the Application of Standards, demonstrating a lack of commitment to uphold its obligations under the Convention. In this regard, we regret that the direct contacts mission recommended last year by the Conference Committee has not taken place yet.

We reiterate our calls for the immediate cessation of all acts of violence, threats, persecution, stigmatization, intimidation, or any other forms of aggression against individuals or organizations in connection with both the exercise of legitimate trade union activities and the activities of employers’ organizations. The arbitrary closure of the COSEP and other business organizations in March this year is a violation of this fundamental Convention.

We fully share the call by the Committee of Experts in respect of the freeing of members of employers’ organizations or trade unions who have been unjustly detained. We acknowledge and welcome that the Government heeded the call and released Michael Healy, Álvaro Vargas Duarte, José Adán Aguerri, Luis Rivas and Juan Lorenzo Hollman, but we firmly reject the decision to exile them and render them stateless and thus impede the free exercise of their functions.

In addition, we continue to support the Committee of Experts’ calls urging the Nicaraguan Government to review other unacceptable restrictions on freedom of association, including amendments to sections 389 and 390 of the Labour Code, which are currently violating the right of workers’ organizations to organize their activities in full freedom, as well as the Act regulating foreign agents No. 1040, the Special Law on Cybercrimes and Act No. 1055 on the defence of the rights of the people to independence, sovereignty and self-determination for peace. While taking note of the initiatives reported by the Government of Nicaragua with regard to the application of the Convention in law and practice, we still observe serious violations of the Convention and the fundamental right to freedom of association in law and in practice.

We call on the Government to avail itself of ILO technical cooperation as soon as possible and to ensure the access of a direct contacts mission to assess the situation of the violation of workers’ and employers’ organizations’ rights in the country. We also recall the need to reinstate genuine social dialogue without further delay.

The EU will continue to monitor the situation closely and support the people of Nicaragua in their legitimate aspiration for democracy, respect for human rights, including labour rights, and the rule of law.

Government member, Canada – I am speaking on behalf of the United Kingdom and Canada. The United Kingdom and Canada deeply regret that Nicaraguan authorities have failed to accept any of the 2022 recommendations of the Committee on the Application of Standards, except for reporting on progress achieved regarding the application of the Convention in law and practice. In particular, they have failed to take all the necessary measures to cease all violations of the right to freedom of association, the right to organize and the right to collective bargaining, therefore perpetuating a climate of intimidation, violence and harassment against independent workers’ and employers’ organizations in the country.

Once again, we strongly condemn the labour rights abuses and violations taking place in Nicaragua. It is profoundly disappointing that the report of the Committee of Experts can only take note of the lack/absence of real and firm commitment on behalf of Nicaragua to abide by its obligation under the Convention.

In particular, the United Kingdom and Canada regret that the Nicaragua is continuing to carry out acts of persecution, intimidation, and repression against workers’ and employers’ representatives, including arbitrary arrests and detentions of social and business leaders. We strongly support the request by the Committee of Experts to take all the necessary measures to free any employers or members of a trade union who have been imprisoned in relation to the exercise of the legitimate activities of their organizations.

We note that Nicaragua has failed to provide any information regarding the establishment of a tripartite dialogue round table with the technical assistance of the ILO, as recommended by this Committee. Only genuine and constructive tripartite dialogue can lead to the full restoration and exercise of workers’ and employers’ rights in the country and ensure full compliance with fundamental labour rights protected by the Convention. We urge Nicaragua to accept ILO technical assistance and a direct contacts mission.

The United Kingdom and Canada have repeatedly called for Nicaragua to fulfil its international obligations, including by respecting the human and labour rights of all citizens and bringing an end to all repression in the country. We have been vocal in condemning the Government’s constraint of political and social liberties and have urged the authorities to release immediately and unconditionally all those arbitrarily detained, including political and business leaders, trade unionists, journalists, students, human rights activists and those who participated in peaceful protests, and to cease their intimidation of civil society.

We again call on Nicaragua to uphold without any further delay its obligations regarding the Convention to respect and ensure that workers and employers are able to exercise their right of freedom of association, free from fear, violence, arbitrary arrest and detention. We therefore strongly support the Committee of Experts in its request for further and more specific information from the Nicaraguan authorities on the right to organize, the promotion of collective bargaining, and on collective agreements.

Employer member, Honduras – Today we are examining the case of Nicaragua regarding non-observance of Convention No. 87, which provides a guarantee for employers and workers regarding their legitimate and recognized representation by the most representative organizations that each country must have. Recognizing, rejecting or legitimizing the representation of employers and workers is not at the discretion of governments. Certain actions and the failure to comply with the recommendations of this Committee and engage in social dialogue are a source of concern for our region and the world as a whole because they send a terrible message to all the countries of the world through the failure to recognize the most representative organizations.

As has been noted previously in the Conference Committee and by the Committee of Experts, joining or leaving workers’ and employers’ organizations is a voluntary matter. A government cannot take a unilateral executive decision not to recognize an umbrella organization and its members.

The Government of Nicaragua, through Ministerial Decree No. 26/2023 of the Ministry of the Interior, published in the Gaceta Oficial of 6 March 2023, annulled 18 employers’ organizations, including the most representative organization COSEP, without any right of defence, and the other 11 employers’ organizations were annulled subsequently. This violates the most sacred right to organize established in the Convention and the ILO Constitution, through the systematic violation of the right to freedom of association, tripartism and the right conferred on the most representative organization, namely COSEP.

Recognition of the most representative organization is not a matter for governments, but for the members of the organization and the ILO. Not only has the Convention been violated, but also the human rights of the employer representatives detained for more than 18 months and then deported, deprived of their nationality and in some cases even their property, all for defending the democratically elected employers’ organization. The Committee called for the release of the employers’ leaders last year, but what the Government did was to expel the members from the country following arbitrary judicial detentions at the very limits of Nicaraguan law.

The expelled employers’ leaders were not given passports to leave the country, as they no longer had Nicaraguan nationality. Moreover, their accounts were frozen and property was taken from some employers’ organizations, as was the case recently even for the Nicaraguan Red Cross.

The Government of Nicaragua must therefore be required to comply with the measures adopted by this Committee last year

Worker member, Bolivarian Republic of Venezuela – The Workers’ delegation of the Bolivarian Socialist Workers’ Confederation of Venezuela (CBST), in examining the Convention in the case of Nicaragua, does not find any formal complaint from employers or workers. If there is one, we request employers and workers to file it through the competent body, the Nicaraguan Ministry of Labour and of course the ILO, as we understand that the IOE has not brought forward any specific case of claims by any Nicaraguan employer. Nicaraguan labour law recognizes workers’ and employers’ organizations as trade unions and associations. Therefore, if they are organized as non-governmental or other types of organizations, they do not meet the minimum requirements for this Convention and should not be the subject of discussions in this body.

In any case, we suggest that the Committee of Experts should review the achievements of the tripartite committees that have been in operation, for example on: the minimum wage, occupational health and safety, social security, housing and the conclusion of a five-year collective agreement in the Nicaraguan free trade zone.

But what is certain is that the sanctions imposed by the “yankee empire” have affected workers, their minimum wage, social security, production and the economy in Nicaragua.

The Workers’ delegation of Cuba aligns itself with this statement by the Venezuelan Workers’ delegation, and unreservedly shares and supports the same position. We emphasize that the “yankee empire” must take its hands off Cuba, Nicaragua, the Plurinational State of Bolivia, Peru and the Bolivarian Republic of Venezuela.

Government member, Cuba – Over the past few days at the Conference, we have listened to various Government, Worker and Employer representatives placing emphasis on aspects such as the cooperation of the countries concerned, reporting the presumed degree of seriousness of each issue and the need to avoid politization, all with the aim of maintaining the reputation of the Committee. My delegation shares these views with regard to the case under examination today.

We appreciate that the information provided by the Government of Nicaragua includes indications on the exercise and freedom of association in the country, and demonstrates the Government’s will to maintain communication and cooperation with the Committee of Experts, and to fulfil its commitments to the ILO and the Nicaraguan people.

Cuba has on several occasions expressed its rejection of the use of ILO supervisory machinery as a channel for allegations of a political nature. We consider that the policies in support of workers, as implemented by the Government of Nicaragua, must be analysed in an impartial manner. According to the information provided by the Government, between 2018 and 2021, 111 new trade union organizations were established in the country, with more than 3,900 members, and another 2,884 trade union organizations were updated, covering over 222,370 workers.

We reiterate the importance of continuing to promote tripartism and respectful discussion in each country, as well as the spirit of dialogue and cooperation.

We hope that the conclusions of this discussion will be objective, technical and balanced, and that the information and views provided by the Government, Employer and Worker representatives of Nicaragua who have spoken in this room will be taken into account.

Employer member, Chile – Point 8 of the ILO Decent work for sustainable development (DW4SD) Resource Platform concerning freedom of association recalls that freedom of association is proclaimed in the Universal Declaration of Human Rights (1948). It is the enabling right which allows the effective participation of non-state actors in economic and social policy, and which constitutes the core of democracy and of the rule of law. Hence guaranteeing the participation and representation of workers and employers is essential for ensuring the effective functioning, not only of labour markets, but also of national governance structures in general. The right of workers and employers to establish and join organizations of their own choosing is an integral part of a free and open society. In many cases, these organizations have played a significant role in the democratic transformation of their countries.

This is why the arbitrary interference by the Government of Nicaragua through the invalidation of the legal personality of COSEP and its 18 affiliated associations from the various sectors of production is so serious. The suspension by administrative authority of COSEP, the employers’ organization which has historically been recognized by the ILO as the most representative in Nicaragua, constitutes a serious violation of the principles of freedom of association, and in particular of Article 4 of the Convention, which provides that workers’ and employers’ organizations shall not be liable to be dissolved or suspended by administrative authority. The regrettable situation described above, which is a violation of the right to freedom of association of COSEP and its affiliated employers’ organizations, is a subject which is bound to be of interest to both workers and employers because, just as the arbitrary dissolution of workers’ unions by administrative authority is unacceptable, the dissolution of employers’ associations by administrative authority cannot be tolerated either. We therefore call on the Committee to appeal strongly to the Government of Nicaragua to ensure compliance with the provisions of the Convention. To this end, the immediate revocation of the administrative measure invalidating the legal personality of COSEP and its 18 affiliated associations is essential.

Worker member, El Salvador – The report of the Committee of Experts, with reference to the observations on the Convention made to the Government of Nicaragua, expresses concern in a short paragraph at the limitations on the right to freedom of association of workers. However, the explanations given by the Government clearly indicate that dispute resolution has been strengthened through social dialogue, which is obviously a very acceptable solution for workers.

The use of social dialogue, and consequently collective bargaining, is the best way to settle collective disputes in labour relations. The Committee of Experts indicates that the imposition of compulsory arbitration to end a strike, outside the cases in which strike action may be restricted or even prohibited, is contrary to the right of workers’ organizations to organize their activities in full freedom and to formulate their programmes. This is how it has been interpreted by the Committee on Freedom of Association, which only accepts limitations on the right to strike in situations in which essential services in the strict sense of the term are jeopardized, and in the other cases that it indicates. But the issues raised in Nicaragua, which are without foundation for a small group of employers, are regrettably common in many countries of the world which, although they have ratified the Convention and have recognized the right to freedom of association in their constitutions, still maintain legislation which restricts the real autonomy of trade unions, making it difficult for them to defend the interests of workers.

The workers of El Salvador unreservedly express their total support and backing for the decisions, autonomy and tripartite agreements of the real trade union movement in Nicaragua.

Interpretation from Russian: Government member, Belarus – We are grateful to the Government of Nicaragua for its report. The information provided shows that the Government is ready to continue its constructive cooperation with the ILO and also to engage in a special dialogue with the Organization. We welcome the measures taken by Nicaragua to guarantee compliance with the ILO Conventions that the country has ratified, and to take measures together with its social partners to guarantee freedom of association and the implementation of the national anti-poverty programme in the country. From the report, it is clear that there is a good climate in Nicaragua for setting up new trade union organizations. We urge the ILO to continue to provide Nicaragua with technical assistance in accordance with its mandate. At the same time, we urge the supervisory bodies of the ILO to approach the assessment of the situation in any country objectively, and to take into account that membership of trade union organizations does not free citizens from complying with the law and protect them if they commit any actions which run counter to the interests of individuals, society, and/or the State.

Employer member, Costa Rica – Social dialogue, as indicated by the ILO, has the objective of promoting consensus through the democratic involvement of the main actors in the world of work, and it has clearly been shown that the results of social dialogue processes that are considered to be successful can resolve economic, labour and social issues, while promoting good governance, improving peace, and social and labour stability, and stimulating economic progress.

In our view, social dialogue is what strengthens us as societies, and enterprises and employers’ organizations understand that, in order to make progress, we must work together. This is the reason for our commitment to developing together with our governments the changes to accelerate the expectations of our societies, that is better inclusion and opportunities.

The acts of the Government of Nicaragua are of enormous concern to our organization, and to others in the region. They consist of harassment, threats and ill-treatment of employer representatives. The unilateral revocation of the legal personality of our partner organization, and the 18 chambers of which it is composed, is an act that is in violation of employers’ freedom of association and places in jeopardy the economic progress of the country.

We consider that this interference by the Nicaraguan authorities is a very bad precedent at the international level. Moreover, it is in open contravention of the provisions of the Convention, which set outs the right of both workers and employers to establish and join organizations of their own choosing without previous authorization.

It is not by chance that the principle of freedom of association is identified as one of the fundamental rights set out in the ILO Declaration on Fundamental Principles and Rights at Work (1998).

We believe that extreme poverty, migration, inequality, corruption, violence and authoritarianism are situations that we have to address and combat through quality employment, with social responsibility, as a means of promoting good practices, transparency and an ethical approach by the private sector through various measures and practices that are environmentally friendly and with the commitment to build social dialogue that strengthens democracies. These have been and will continue to be the objectives of employers in Latin America and are still the goal of our brothers in the COSEP.

The Costa Rican Federation of Chambers, faithful to the principles of strengthening democracy and social security, expresses its solidarity with the employers represented by COSEP. The chambers concerned are organizations that represent an important sector which acts as a motor for the Nicaraguan economy. For that reason, the consequences that this can have for the foreign investment climate in the country are a matter of concern and we believe that the situation will become complex.

It is our obligation, as an employers’ association, to issue a call in defence of social dialogue as a fundamental pillar of democracy and freedom of association as a fundamental right.

Worker member, Zimbabwe – The right to freedom of association is essential for both workers and employers. For workers it ensures their ability to join trade unions or other organizations that can collectively bargain for fair wages, safe working conditions and the protection of their rights. It empowers workers to negotiate as equals with employers creating a level playing field and promoting a more equitable distribution of wealth and power. Likewise, employers also benefit from the right to freedom of association. It enables them to establish employers’ organizations that can advocate for their interests, negotiate with trade unions and engage in social dialogue with governments and other stakeholders. Crucially, the Convention emphasizes that public authorities must refrain from any interference that restricts this right or impairs the lawful exercise of freedom of association. Governments and public institutions have a duty to protect and promote freedom of association by ensuring that workers and employers can exercise their rights without fear of reprisals, intimidation, or arbitrary restrictions. When public authorities interfere with the right to freedom of association, they undermine the principles of democracy, undermine social dialogue and stifle progress. Such interference can manifest itself in various forms, including repressive legislation, undue restrictions on union activities, discrimination against certain groups, or harassment and violence towards trade unionists or employers’ representatives. We must remember that a healthy and vibrant civil society is built on the foundation of freedom of association. It allows for the formation of diverse organizations that represent the myriad interests and perspectives within society. Governments, employers and workers themselves have a shared responsibility to create an enabling environment that promotes freedom of association, respects the autonomy of organizations and upholds the principles of social justice.

Government member, Bolivarian Republic of Venezuela – The Government of the Bolivarian Republic of Venezuela welcomes the presentation by the distinguished delegation of the Government of Nicaragua in relation to compliance with the Convention. We have noted the Government’s explanations that the detentions of the persons involved in this case were as a result of their prosecution for acts set out and penalized in the national legislation, which are not related to the exercise of the lawful activities of employers and members of unions. In light of the explanations provided by the Government, it should be noted that the criminal acts established and penalized by the national legislation are not covered by the Convention. We recall that Article 8 of the Convention is clear and categorical in providing that freedom of association has to be exercised in accordance with the laws of each country, and therefore that workers, employers and their respective organizations, like other persons or organized collectivities, shall respect the law in their acts.

On the other hand, we understand, as indicated by the Government, that there is broad collaboration between the Chamber of Employers and the Government, which reinforces the National Plan to Combat Poverty. Moreover, we cannot ignore the fact that, in Nicaragua, between 2018 and 2021, there were 111 new trade union organizations with a membership of over 3,900 workers, and that over 2,800 trade unions cover 222,370 unionized workers. As always, we call on the ILO supervisory bodies to distance themselves from political considerations, at the risk of their comments going beyond their mandate, which undermines their seriousness and credibility, damages the noble objective of the ILO and interferes in the sovereignty of States. The Government of the Bolivarian Republic of Venezuela hopes that the Committee’s conclusions will be objective and balanced so that the Government of Nicaragua can continue making progress and furthering its compliance with the Convention.

Employer member, Colombia – First of all, I would like to refer to the serious allegations that have been made within the framework of this Committee concerning acts of persecution and systemic repression by the Government of Nicaragua against the leaders of COSEP, such as Mr José Aguerri, arbitrarily detained in 2021, and Michael Healy. As a result of these acts, several leaders of employers’ organizations are in exile.

It is important to recall that freedom of association is totally meaningless in the absence of civil liberties. The rights conferred on workers’ and employers’ organizations are based on respect for these civil liberties, such as the security of the person and freedom from arbitrary arrest or detention.

The persecution, detention and expulsion of employers’ leaders for reasons linked to actions relating to legitimate representative activities is a serious violation of their rights and of freedom of association. In this regard, it is deeply concerning that the Government has not provided information on the recommendations made by this Committee last year. It is fundamental to call upon the Government to initiate the rebuilding of processes of trust and to ensure full respect for freedom of association.

Secondly, it should be emphasized that workers’ and employers’ representatives must be freely elected and represented on an equal footing, as set out in Convention No. 87 and the Tripartite Consultation (International Labour Standards) Convention, 1976 (No. 144). The Committee of Experts has indicated repeatedly that it is the prerogative of workers’ and employers’ organizations to determine the conditions for the election of their leaders and that the authorities should refrain from any undue interference in the exercise of this right.

It is for this reason that we note with deep concern that, through Ministerial Decisions Nos 26/2023 and 27/2023 of the Minister of the Interior, the Government ordered the revocation of the legal status of 19 employers’ organizations, including the COSEP employers’ federation. This serious act makes it more difficult to build tripartite social dialogue and engage with employers’ and workers’ representatives in accordance with the ILO Constitution

Interpretation from Chinese: Government member, China – I thank the representatives of the Government of Nicaragua for the presentations made. We carefully read the report of the Committee of Experts. The Government of Nicaragua submitted detailed materials, which unfortunately were not taken seriously by the Committee of Experts. The Government actively cooperated with the ILO and submitted relevant materials in a timely manner, demonstrating the Government’s positive attitude of cooperation and dialogue. China appreciates this. The Government focused on building trust among trade union organizations, and promoting and protecting their right to freedom of association. Between 2018 and 2021, more than 100 new trade union organizations were established, accepting a total of nearly 4,000 workers. Nearly 3,000 trade union organizations were improved, covering a total of more than 220,000 workers. These achievements and progress should be highly valued by the Committee. We emphasize that, in the ILO supervisory mechanisms, the authoritative information provided by the Government concerned, should be respected and valued. Otherwise, the mechanism will lose its meaning.

We oppose the politicization of this mechanism, which is not in line with the purposes and principles of the ILO Constitution. The conclusions and recommendations made by the mechanism should conform or take into account, the national conditions of the country concerned, respect the country’s sovereignty and refrain from interfering in its internal affairs. Any country has the responsibility to maintain social order and the rule of law and to crack down on crimes. There are no so-called rights above the law. We call on the Committee to adhere to the principles of objectivity and impartiality, respect the facts and correctly reflect the relevant issues and the country’s progress in implementing the Convention when reviewing this case and forming its conclusions, and to further encourage it to better fulfil its obligations under the Convention.

Employer member, Mexico – In relation to the case of Nicaragua, it should be recalled that in 2022 the International Labour Conference, through this Committee, deplored the persistent climate of intimidation and harassment of independent workers’ and employers’ organizations. It also noted with great concern the arrest and detention of employer leaders and urged the Government to immediately cease all acts of violence, threats, persecution, intimidation or any other form of aggression. Regrettably, as noted, this climate and environment have unfortunately persisted.

We also wish to recall that this Committee recommended ILO technical assistance to ensure full compliance with its obligations under the Convention and, in particular, that it accept a direct contacts mission to complete a fact-finding mission with full access related to the situation of the trade union rights of workers’ and employers’ organizations, none of which has yet happened.

As this relates to a fundamental Convention, it is clear that no State can allege interference when there regrettably exist and persist violations of the human rights and freedoms set out in the Convention. It should also be recalled that the United Nations Human Rights Council, which is the intergovernmental body responsible for strengthening the promotion and protection of human rights throughout the world, in the report of the Group of Human Rights Experts on Nicaragua submitted in March this year, indicated that, and I quote: “agents and public officials of various agencies and structures of the Government, and non-State actors participated, and continue to participate, as of the date of writing of this report, in serious and systematic human rights violations and abuses against a sector of the Nicaraguan population, including extrajudicial executions”. For this reason, we are making an urgent appeal for the establishment of a direct contacts mission to undertake an investigation with full access in relation to the situation of violations of the rights of representative organizations in Nicaragua.

Interpretation from Russian: Government member, Russian Federation – The Russian Federation shares what has been said by the representative of Nicaragua about the compliance of the authorities of that country with the Convention. We do not think the accusations levelled against the authorities of Nicaragua in respect of failure to comply with the provisions of the Convention are justified. We think these accusations are purely political.

We believe that the Committee does not have the right to comment on the action of courts or the police and security forces of any country, or whether or not a person should or should not, be released if they are in jail. That is a clear violation of their authority. As far as we are aware, being a trade union or employer activist is not a justification for being released from prison if you have been put there as the result of committing an offence under the criminal law of the country of which you are a national. We do not think that the ILO’s action should lead to interference in the internal affairs of any country, because that would politicize this Organization and its supervisory system and undermine their credibility as well as make them less effective.

Government member, Plurinational State of Bolivia – The Plurinational State of Bolivia welcomes the information provided by the Government representative of Nicaragua in relation to the effect given to the Convention.

As set out in the Constitution in my country, we respect the right of all workers to organize in trade unions in accordance with the trade union principles of unity, trade union democracy, political pluralism, as well as solidarity and internationalism. We have therefore listened carefully to the information provided concerning the promotion of the right to free organization and the action taken by the Government to ensure this right, and the information provided by the employer and worker representatives of the country.

In this regard, we wish to place emphasis on the information provided by the Government, which emphasizes that since 2007 it has been working to restore and regulate the rights of workers to freedom of association through dialogue and consensus among all the actors. In order to achieve labour stability and peace, we must welcome these efforts and also take into account the various challenges to workers’ rights derived from unilateral measures and natural disasters.

We therefore encourage all the actors to contribute to the work of the Committee and for the Committee to promote the processes of dialogue, cooperation and the building of trust, for which it is necessary to distance this forum from any attempt at politicization generated by disinformation and mistaken understandings concerning the achievement of workers’ rights. Indeed, we firmly believe that priority needs to be given to working for the implementation of the Convention and, as indicated in the Convention, while respecting the law of the land.

We encourage the Committee to continue working, together with all the actors, taking into account the Government’s information, as well as the views of the workers’ and employers’ representatives of Nicaragua who are present today in this room, in support of all the efforts made for the implementation of the Convention.

Government representative – I would like to take this opportunity to thank the Governments who in their interventions contributed to and directed the discussion in accordance with the spirit of labour of this Organization and the Convention. We once again refute any interference or intention to interfere in our internal affairs. Criticism of our justice system amounts to a lack of respect for the State of Nicaragua and our national sovereignty. We conclude that Nicaragua will continue along the path of peace and action to combat poverty, seek social and labour stability, and above all peace for all Nicaraguans. Raising criticisms, referring to human rights and speaking of political prisoners betrays the essence of this House and this Committee. If you want to talk about human rights, the Human Rights Council starts on 19 June, so please go down to the Palais des Nations.

Worker members – We have taken note of the information and the responses provided by the Government of Nicaragua and we have also listened to all the valuable interventions of other speakers. As we expressed in our opening speech, the Worker members stress the importance of continuing to promote tripartite social dialogue at the national level and encourage the Government to take measures to facilitate social dialogue with the presence of the ILO.

Social dialogue is at the heart of the Constitution of the ILO and it is based on the recognition of, and respect for, employers’ and workers’ organizations. We urge the Government to respect its obligation in this regard and we urge the Government to cease all acts of violence, threats, persecution, stigmatization and intimidation in relation to the exercise of legitimate trade union activities and the activities of employers’ organizations.

We encourage the Government to continue to implement initiatives and activities to promote freedom of association, including the right to form and join trade unions. The Government should amend sections 389 and 390 of the Labour Code, so as to respect the right to strike and invite the Government to avail itself of the technical assistance of the ILO.

The Worker members encourage the Government of Nicaragua to take all necessary measures to ensure compliance with the conclusions of the Committee and invite the Government to avail itself of the technical assistance of the ILO.

Employer members – With reference to my first intervention, another of the issues that are of concern is the new legislation adopted in Nicaragua. At the end of 2021, the Congress adopted a series of three new laws:

- the Act No. 1055 on the defence of the rights of the people, under which any person can be prosecuted for acts affecting the independence, sovereignty and self-determination of the country, in which case they are prohibited from holding public office;

- the Act on cybercrimes, under which journalists and any person disseminating fake news can be detained and, in accordance with the view of the Government, involves the associated responsibility of the media that disseminated the information;

- the Act on the regulation of foreign agents, which prevents any international financing and requires any person who receives financing from outside the country to be registered and to report any operations, and prohibits such foreign agents from participating in internal matters, activities and politics.

Act No. 1040, published in the Diario Oficial on 19 October 2020, contains provisions that are in violation of freedom of association as defined in the Convention and in the Constitution of the Republic of Nicaragua. The wording of the Act places at risk the existence of sectoral employers’ organizations. For this reason, the COSEP and a series of other civil society organizations have lodged an appeal for the Act to be declared unconstitutional, which is before the Supreme Court of Justice. Various international organizations have commented on the content and scope of the Act, indicating: that it is contrary to international human rights standards and amounts to an unacceptable restriction of freedom of association and the right to defend human rights in Nicaragua.

We would have liked the COSEP to be present in this assembly today as the most representative organization of employers in Nicaragua. Regrettably, it has been dissolved by arbitrary administrative decision. A delegate is today participating in this meeting who claims to represent employers, although that person was not designated in consultation with the most representative organization of employers in Nicaragua. For this reason, the IOE, with the support of the whole of the Employers’ group, has lodged a complaint with the Credentials Committee to invalidate the presence of that person in the Committee.

In conclusion, and in compliance with your request to keep to the time limits, the Employer members believe that we are bound to place emphasis on the conclusions adopted by the Committee in 2022, which the Government of Nicaragua has not deigned to take into account. The Committee must deplore the persistent climate of intimidation and harassment to which employers’ organizations are subjected. The Committee must urge the Government to bring an immediate end to all acts of violence, threats, persecution, stigmatization, intimidation and any other form of aggression against persons or organizations in relation to the exercise of legitimate trade union activities, and to adopt measures to ensure that such acts do not reoccur.

The Government must also ensure the immediate release of any employer who may be imprisoned in relation to the exercise of the legitimate activities of their organizations and provide information on the civil and criminal trials that are being pursued in this regard, or which have been concluded, in respect of the principles of due process.

The Government of Nicaragua must develop, without further delay, social dialogue through the establishment of a round-table for tripartite dialogue, under the auspices of the ILO, chaired by an independent person and which has the confidence of all the partners, and which duly respects the representative nature of employers’ and workers’ organizations in its composition and meets periodically.

The Government must repeal Act No. 1040 on the regulation of foreign agents, the Act on cybercrime and Act No. 1055 on the defence of the rights of the people to independence, sovereignty, self-determination and peace, as indicated by human rights rapporteurs, which restrict the exercise of freedom of association and freedom of expression, which are basic requirements for the exercise of freedom of association, as set out in the Convention.

The Government should promptly seek ILO technical assistance to ensure full compliance in law and practice with its obligations under the Convention.

We urge the Committee to once again call on the Government to accept the difficulties that it is experiencing in giving effect to the Convention and to agree to a high-level tripartite investigation mission with full access on the situation of the violation of the rights of employers’ organizations as soon as possible.

The Committee must request the Government to provide a detailed report to the Committee of Experts before 1 September 2023, and we hope that this report will on this occasion abide absolutely and fully with the requirements indicated by this Committee.

Finally, the Committee should decide to include its conclusions in a special paragraph of its report.

In conclusion, while we are grateful for the information provided by the representative of the Government of Nicaragua, we do not share their intent or content, and the Employers’ group therefore insists on reserving the right to use any other instrument offered by the ILO Constitution to ensure effective compliance with the obligations deriving from the Convention and to protect the most representative organization of Nicaraguan employers.

Conclusions of the Committee

The Committee took note of the written and oral information provided by the Government and the discussion that followed. 

The Committee noted with deep concern the persistent climate of intimidation and harassment of independent workers’ and employers’ organizations.

The Committee noted with deep concern the allegations of the arrest and detention of employer leaders and the further deterioration of the situation.

The Committee also noted with deep concern the absence of any progress and cooperation on the part of the Government since last year.

Taking into account the discussion, the Committee urges the Government to:

- ensure that workers and employers can establish their own organizations and operate without interference, including Managing Board of Private Enterprises (COSEP);

- immediately cease all acts of violence, threats, persecution, stigmatization, intimidation or any other form of aggression against individuals or organizations in connection with both the exercise of legitimate trade union activities and the activities of employers’ organizations, including COSEP, and adopt measures to ensure that such acts are not repeated including the return of the Nicaraguan nationality of those who have been deprived of it for this reason;

- immediately release any employer or trade union member who may be imprisoned in connection with the exercise of the legitimate activities of their organizations and provide information on all the measures taken in that regard;

- promote social dialogue without further delay through the establishment of a tripartite dialogue round table under the auspices of the ILO, that is presided over by an independent chairperson who has the trust of all sectors, that duly respects the representativeness of employers’ and workers’ organizations in its composition and that meets periodically, as recommended by the Committee in 2022; and

- repeal Law No. 1040 on the regulation of foreign agents, the Special Law on Cybercrimes, and Law No. 1055 on the Defence of the Rights of the People to Independence, Sovereignty and Self-determination for Peace, which limit the exercise of freedom of association and freedom of expression.

The Committee urges the Government to avail itself of ILO technical assistance to ensure full compliance with its obligations under the Convention in law and in practice.

Government representative – We have taken due note of the conclusions of this honourable Committee.

We regret once again that, despite the explanations provided by our Government, the Committee persists in distorting the real labour, trade union and social situation in Nicaragua. The suggestion is of even more concern that the State is persecuting trade unionists, which is false. It is not in accordance with the history of our current Government: on the contrary, in Nicaragua, workers, employers and the Government embrace harmony. Tripartism is a tangible reality, as is freedom of association.

The politicization of specific instances is a matter of concern to us, as it is detrimental to the credibility of the Committee, and therefore undermines the historic achievements of the Organization which we must protect.

In Nicaragua, we will continue working as we have been doing, in compliance with our obligations, in cooperation with the ILO and upholding the restored labour, social and human rights of the Nicaraguan people as protagonists.

We do not accept interference or insinuations of interference. We are sovereign and respectful of international law, and there can be no discussion about our legislative framework.

We therefore refute biased conclusions based on intentions that go beyond the competence of this Organization. We will continue to work and strengthen dialogue between Nicaraguan workers and employers in defence of a decent life with work and rights for everyone.