Definitive Report - Report No 98, 1967

Case No 511 (Nicaragua) - Complaint date: 06-FEB-67 - Closed

1. 100. The complaints are contained in a telegram from the International Federation of Christian Trade Unions (I.F.C.T.U.) dated 6 February 1967 and a communication from the Latin American Federation of Christian Trade Unions dated 1 February 1967. By a communication of 9 February 1967 the LF.C.T.U supplied additional information concerning this case. All these communications were transmitted to the Government, which replied by a letter dated 9 March 1967.
2. 101. Nicaragua has not ratified the Freedom of Association and Protection of the Right to Organise Convention, 1948 (No. 87), or the Right to Organise and Collective Bargaining Convention, 1949 (No. 98).

A. A. The complainants' allegations

1. 102. The I.F.C.T.U alleges that the Government violently repressed trade union demonstrations organised in particular by the Independent Trade Union Movement of Nicaragua (MOSAN) when numerous trade union leaders were arrested. Both the I.F.C.T.U and the Latin American Federation of Christian Trade Unions urgently request the I.L.O to intervene in favour of Mr. Edgar Macias Gómez, General Secretary of MOSAN, who, it is alleged, was arrested by the military police and disappeared as from 29 or 30 January 1967.
2. 103. In its reply dated 9 March 1967 the Government states that Mr. Macias is not only at liberty but is resident in Managua and carrying on his normal activities. The Government attached a newspaper cutting dated 26 February 1967 reporting that on the previous day Mr. Macias had gone to the newspaper headquarters with another trade union leader to make certain statements concerning the murder of a trade unionist.
3. 104. With regard to the allegation of the I.F.C.T.U concerning the repression of trade union demonstrations, the Government states that it has no knowledge of any trade union demonstrations or violent repressive action on the part of the authorities, nor of any person detained on account of trade union activities. It adds that what took place in Managua on 22 January 1967 was a political demonstration to support a presidential candidate, when the demonstrators, incited to revolt against the Government, attempted to take possession of police headquarters and killed an officer and two soldiers and wounded 13 others. The Government states that the measures taken by it averted a situation of bloody tragedy and that all the persons who took part in the revolt are now at liberty.

B. B. The Committee's conclusions

1. 105. As regards the allegations relating to the repression of trade union demonstrations and the arrest of trade unionists connected with such demonstrations, the Committee notes that the complaint does not supply such details as the date and place of the demonstrations or the reason for organising them, or the names of the persons arrested. The Government, on the other hand, states that nobody is at present detained on account of trade union activities and mentions a political demonstration which seems to have taken place a few days before the date of the complaint, the persons who took part in it now being at liberty. In view of these statements of the Government and the vagueness of the allegations presented, the Committee considers that this aspect of the case does not call for further consideration.
2. 106. As regards the allegations concerning the arrest of Mr. Macias the Committee notes the Government's statement which neither denies nor confirms the arrest of that trade unionist on the date given by the complainants but affirms that Mr. Macias is at liberty.

The Committee's recommendations

1. 107. In these circumstances the Committee recommends the Governing Body:
   • (a) with regard to the allegations concerning the repression of trade union demonstrations and the arrest of trade unionists taking part therein to decide, for the reasons set forth in paragraph 105 above, that no useful purpose would be served by the further exanimation of these allegations;
   • (b) as regards the particular case of Mr. Edgar Macias Gómez, General Secretary of the Independent Trade Union Movement of Nicaragua (MOSAN), who, according to the complainants, was arrested on 29 or 30 January 1967, to take note of the Government's statement that this person is at liberty.