Interim Report - Report No 214, March 1982

Case No 1047 (Nicaragua) - Complaint date: 06-JUN-81 - Closed

1. 618. The Latin American Central of Workers (CLAT) and the Central of Workers of Nicaragua (CTN) presented their complaints in communications dated 6 June and 30 August 1981, respectively. The Government replied in a communication dated 3 December 1981.
2. 619. Nicaragua has ratified both the Freedom of Association and Protection of the Right to Organise Convention, 1948 (No. 87), and the Right to Organise and Collective Bargaining Convention, 1949, (No. 98).

A. The complainants' allegations

1. 620. The Central of workers of Nicaragua (CTN) alleges that the Government is endeavouring to break up the organisation and the Confederation of Trade Union Unity (CUS) and has accordingly embarked upon a campaign of defamation, denial of freedom of association and persecution of union leaders. The CTN adds that the Government wants Nicaragua to have a single workers' federation.
2. 621. The Latin American Central of Workers (CLAT) indicates that the Government's repressive measures against the democratic trade union movement have taken the form of attacks against the CTN and its leaders, the dismissal without justifiable cause of 95 workers at the Javier Guerra (Mandaime) sugar mill in June 1981 and of 130 workers belonging to the Urban Transport Workers' Trade Union, and the detention of 30 workers belonging to the Chinandega Banana Industry Trade Union, coffee workers in Matagalpa and two national officials of the CTN, Ofilio Garcia and Donald Castillo. According to CLAT, the lives of the union officials arrested were also threatened.

B. The Government's reply

1. 622. With regard to the allegation that pressure has been brought to bear on the trade union centrals so as to create a single workers' federation, the Government states that the suggestion is totally unfounded since Nicaragua respects pluralism as one of the basic principles of the revolutionary process. The Government adds that it does not interfere in union affairs.
2. 623. The Government also states that, according to a report by the competent authority, the only trade unionist arrested in the city of Chinandega was Ciro Paniagua, a member of the CUS, who was held for six days for illegal possession of weapons and released after the responsibilities in the matter had been established.
3. 624. Finally, the Government states that some workers were arrested in Matagalpa in February 1981 in connection with the disappearance of some coffee from a plant, but that they were subsequently released.

C. The Committee's conclusions

1. 625. With respect to the allegation concerning the Government's intention to create a single workers' federation, the Committee must point out that a similar allegation was made previously in connection with a case which is still pending. The Committee is therefore suspending its consideration of this aspect of the present case until it has examined the substance of the earlier case.
2. 626. As to the allegations concerning the arrest of 30 workers of the Chinandega Banana Industry Trade Union and of coffee workers in Matagalpa, the Committee observes that, as far as the Chinandega workers are concerned, the assertions of the complainants are in direct contradiction with the reply of the Government and that, according to the latter, the workers arrested in Matagalpa were subsequently released. In so far as the complainants do not give any details but simply refer in general terms to repressive measures taken by the Government against the trade union movement without specifying any fundamental anti-union motives for the arrests and without giving any names, the Committee can only recall generally that the detention of trade unionists and workers for activities connected with the exercise of trade union rights is contrary to the principles of freedom of association.
3. 627. Finally, the Committee observes that the Government has not replied to the allegations relating to the dismissal without justifiable cause of 95 workers at the Javier Guerra (Mandaime) sugar mill in June 1981, the dismissal of 130 workers belonging to the Urban Transport Workers' Union and the arrest of two national officials of the CTN, Ofilio García and Donald Castillo, whose lives have, furthermore, allegedly been threatened. The Committee requests the Government to forward its observations on the matter.

The Committee's recommendations

1. 628. In these circumstances the Committee recommends the Governing Body to approve the present interim report and, in particular, the following conclusions:
   • (a) With regard to the allegations concerning the detention of 30 workers belonging to the Chinandega Banana Industry Trade union and of coffee workers in Matagalpa, the Committee recalls generally that the detention of trade unionists and workers for activities connected with the exercise of trade union rights is contrary to the principles of freedom of association.
   • (b) With regard to the remaining allegations (dismissal without justifiable cause of 95 workers at the Javier Guerra (Mandaime) sugar mill in June 1981, dismissal of 130 workers belonging to the urban Transport Workers' Union and the arrest and alleged death threats against two CTN union officials, Ofilio Garcia and Donald Castillo), the Committee observes that the Government has not replied to them and requests it to forward its observations in this connection.