Interim Report - Report No 286, March 1993

Case No 1586 (Nicaragua) - Complaint date: 13-JUN-91 - Closed

1. 400. The Committee has examined this case on two occasions (see 281st and 284th Reports of the Committee; paras. 420 to 441 and 921 to 942, approved by the Governing Body at its 252nd and 254th sessions (March and November 1992)) when it reached interim conclusions. The Government sent new observations in a communication dated 10 December 1992.
2. 401. Nicaragua has ratified both the Freedom of Association and Protection of the Right to Organize Convention, 1948 (No. 87) and the Right to Organize and Collective Bargaining Convention, 1949 (No. 98).

A. Previous examination of the case

1. 402. The allegations that remained pending at the Committee's meeting in November 1992 refer to: the alleged acts of violence by the police against strikers (national strike of July 1990: four deaths and 49 injured; strike of workers in the Banco Inmobiliario on 9 April 1991: seven injured; strike of workers in the Banco National de Desarrollo on 11 April 1991: five injured; and the strike in the Olof Palme Convention Centre on 18 April 1991: 14 injured); the alleged injuries caused on 27 March 1992 (20 persons injured according to the complainant and two according to the Government), during the collective dispute which arose in the Empresa Nacional de Abastecimiento de Granos Básicos (ENABAS); developments in the criminal proceedings against the trade union leader Francisco Somoza, following different events (action by violent strike breakers during the course of a collective dispute) which occurred in the "Germán Pomares Ordoñez" sugar mill; the organization, promotion and financing of pro-government trade unions; and the police surveillance of the trade union officials responsible for the strikes in the CEMA institution.
2. 403. As the Government did not provide sufficiently detailed information on the allegations, the Committee made the following recommendations at its previous examination of the case (see 284th Report, para. 942):
   • - the Committee regrets that the Government did not provide information on the acts of police violence against the strikers, that had been alleged by the complainants (strikes of: July 1990: four deaths and 49 injured; 9 April 1991: seven injured; 11 April 1991: five injured; and 18 April 1991: 14 injured). It requests the Government once again to inform the Committee if it has initiated judicial investigations with a view to elucidating the murders of and injuries sustained by the workers taking part in the above-mentioned strikes;
   • - the Committee requests the Government to have judicial inquries carried out into the alleged injuries that were sustained by workers on 27 March 1992 (according to the complainant, 20 persons were injured and, according to the Government, two) during the collective dispute which occurred in the Empresa Nacional de Abastecimiento de Granos Básicos (ENABAS);
   • - the Committee requests the Government to inform it of the outcome of the criminal proceedings instigated against the trade union official Francisco Somoza, following the events which occurred in the "Germán Pomares Ordoñez" sugar mill;
   • - the Committee requests the Government to send, as soon as possible, its observations on the allegation referring to the organization, promotion and financing of pro-government trade unions, and on the police surveillance of the trade union officials responsible for the strikes in the CEMA institution.

B. The Government's reply

1. 404. In its communication dated 10 December 1992, the Government states that it has requested information from the Ministry of the Interior on the allegations concerning the acts of violence by the police against strikers during the holding of different strikes in the months of July 1990 and April 1991.
2. 405. As regards the injuries allegedly sustained by workers on 27 March 1992 (20 persons injured according to the complainant and two according to the Government) during the collective dispute which arose in the Empresa Nacional de Abastecimiento de Granos Básicos (ENABAS), the Government states that it already provided information on the various proceedings being carried out. In the same way, as regards the criminal proceedings instigated against the trade union official Francisco Somoza, following the events which occurred in the "Pomares Ordoñez" sugar mill, the Government states that the trial was closed under the amnesty granted by the President of the Republic.
3. 406. As regards the allegations concerning the organization, promotion and financing of pro-government trade unions and the police surveillance of the trade union officials responsible for the strikes in the CEMA institution, the Government rejects these allegations and says that it is logical, following the re-emergence of democracy, that trade union organizations have been set up by workers who wish to see the development of a free and democratic true trade union movement and whose aspirations and thoughts are different from those of the complainant organizations, which in the past were financed and promoted by the previous Government.

C. The Committee's conclusions

1. 407. The Committee notes that the Government announces that it will shortly send observations on the allegations concerning the acts of violence by the police against strikers. In these circumstances, the Committee once again asks the Government to open judicial inquiries with a view to elucidating the deaths of and injuries sustained by workers who participated in the mentioned strikes, determining responsibilities and punishing the guilty parties, and to keep it informed of the outcome of such inquiries.
2. 408. As regards the alleged injuries sustained on 27 March 1992 by workers (20 persons injured according to the complainant and two according to the Government) during the collective dispute which arose in the Empresa Nacional de Abastecimiento de Granos Básicos (ENABAS), the Committee notes that the Government replies that it has already provided information on the existence of judicial trials. The Committee recalls that the Government in its previous reply had referred exclusively to labour court proceedings but not to judicial investigations. The Committee therefore regrets that it must once again ask the Government to initiate judicial investigations with a view to elucidating the alleged acts of violence and injuries sustained by different persons and punishing the guilty parties and inform the Committee of the results.
3. 409. The Committee notes the observations by the Government that the judicial proceedings against the trade union official Franciso Somoza have been closed under an amnesty granted by the President of the Republic.
4. 410. As regards the allegations concerning the organization, promotion and financing of pro-government trade unions and the police surveillance of the trade union officials responsible for the strikes in the CEMA institution, the Committee notes that the Government categorically rejects these allegations and states that, following the re-emergence of democracy, trade union organizations have been set up by workers who wish to see the development of a genuinely free and democratic trade union movement. In these circumstances, given the contradiction between the allegations and the Government's reply, and the lack of details from the complainants on these allegations, the Committee is not in a position to examine this aspect of the case.

The Committee's recommendations

1. 411. In the light of its foregoing interim conclusions, the Committee invites the Governing Body to approve the following recommendations:
   • (a) As regards the allegations concerning acts of violence by the police against strikers (national strike of July 1990: four deaths and 49 injured; strike by workers of the Banco Inmobiliario on 9 April 1991: seven injured; strike by workers in the Banco Nacional de Desarrollo on 11 April 1991: five injured; and the strike in the Olof Palme Convention Centre on 18 April 1991: 14 injured), the Committee regrets that it must once again ask the Government to open judicial inquiries with a view to elucidating the deaths of and injuries sustained by workers who participated in the strikes, identifying responsibilities and sanctioning the guilty parties, and to keep it informed of the outcome.
   • (b) The Committee once again asks the Government to carry out judicial investigations with a view to elucidating the acts of violence which occurred during the collective dispute in the Empresa Nacional de Abastecimiento de Granos Básicos (ENABAS), when different persons sustained injuries, and to punish the guilty parties. The Committee asks the Government to inform it of the results of these investigations.