263. The complaints are contained in various communications sent by the World Confederation of Labour (WCL), on 27 February and 6 October 1978 and 30 April 1979, the Latin American Central of Workers (CLAT), on 1 March 1978 and 27 April 1979, the World Federation of Trade Unions (WFTU), on 31 January and 27 April 1979, and the International Confederation of Free Trade Unions (ICFTU), on 11 January, 23 February and 8 March 1979. The Government has furnished observations on the matters raised in the complaints by communications dated 31 May 1978, 16, 20 and 22 February and 26 and 27 March 1979.
- 263. The complaints are contained in various communications sent by the World Confederation of Labour (WCL), on 27 February and 6 October 1978 and 30 April 1979, the Latin American Central of Workers (CLAT), on 1 March 1978 and 27 April 1979, the World Federation of Trade Unions (WFTU), on 31 January and 27 April 1979, and the International Confederation of Free Trade Unions (ICFTU), on 11 January, 23 February and 8 March 1979. The Government has furnished observations on the matters raised in the complaints by communications dated 31 May 1978, 16, 20 and 22 February and 26 and 27 March 1979.
- 264. Nicaragua has ratified 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. A. The complainants' allegations
A. A. The complainants' allegations
- Allegations relating to measures taken against the CTN
- 265 In a letter dated 27 February 1978, the World Confederation of Labour (WCL) alleged that on 24 February the Nicaraguan police had arrested Messrs. Carlos Huembes and Enrique Velarde, officials of the CTN, a national organisation affiliated to the WCL. The complaining organisation stated that it had come to its knowledge that these persons had been ill-treated by the police, and added that the headquarters of the CTN in Managua had been raided by the security forces and military personnel. By a telegram dated 1 March 1978, the Latin American Central of Workers (CLAT) made identical allegations, stating that the organisation in question is the "Nicaraguan Central of Workers (CTN)", affiliated to the CLAT and the WCL. In a subsequent communication dated 6 October 1978, the WCL again referred to the occupation of the CTN headquarters by the armed forces and claimed that six of its national leaders had been arrested and then disappeared. Lastly, the CLAT and the WCL, by communications dated 27 and 30 April 1979, respectively, have alleged that Mr. Enrique Velarde was again arrested in Managua while he was making inquiries at the Ministry of Labour.
- 266 In a communication dated 31 May 1978, the Government stated that no workers' association with the name given by the complainants was registered with the Ministry of Labour. It pointed out in this connection that under the national legislation (section 13 of the Trade Unions Regulations), for a trade union organisation to exist legally it must register with the Associations Department of that Ministry. The Government supplied a list of all the trade union organisations registered and an attestation from the aforementioned department certifying that the so-called Nicaraguan Central of Workers (CTN) did not legally exist. The Government also stated that the arrest of Messrs. Huembes and Velarde was entirely unconnected with their trade union activities, but related to other activities constituting a threat to the security of the State and a breach of the peace. The Government quoted a police report to the effect that these persons had been arrested for being in possession of subversive material, but had been released on 3 March 1978. The Government declared that there had been no infringement of freedom of association and that the complaints were untrue and prompted by motives very far removed from the sphere of operations of the ILO.
- 267 Under the procedure in force, on receipt of government observations in reply to a complaint the International Labour Office should check whether these observations contain sufficient information to enable the Committee to examine the case - without going into its substance in doing so - and, if necessary, write directly to the government concerned, on behalf of the Committee, pointing out that it would be desirable for it to supply more specific information concerning the points raised by the complainants. In the present case, by a letter dated 16 June 1978, the Office requested the Government to supply particulars as to the reasons for the raid in February 1978 on the premises mentioned in the complaint, as well as details of the specific acts of which Messrs. Carlos Huembes and Enrique Velarde were accused and, in particular, as to the nature of the material found in their possession. At its sessions in November 1978 and February 1979, the Committee adjourned the examination of these allegations. The additional information requested from the Government has still not been received.
- 268 In answer to the WCL's complaint of 6 October 1978, the Government repeats in its communication of 20 February 1979 that the CTN does not have legal personality and that it is not registered with the Ministry of Labour. The Government states that these fresh allegations concerning the occupation of the CTN's premises and the arrest and disappearance of six of its leaders are imprecise, as they do not indicate the date of the alleged measures nor the names of the persons involved. It adds that no charges have been brought in the courts of justice in this connection, and that it is all part of a campaign of subversion unleashed against Nicaragua to allege that citizens have disappeared when it is more likely that they have gone into hiding to swell the ranks of the forces bent on the destruction of the Constitutional order.
- 269 The Committee wishes to recall that in determining whether or not an organisation is occupational in character it has never considered itself bound by any national definition of what constitutes an occupational organisation; it has stated, for example, that failure by an organisation to file its rules in accordance with national legislation would be no adequate reason for declaring a complaint irreceivable, since the principles of freedom of association demand that workers should not have to obtain prior authorisation before establishing organisations of their own choosing to further and defend their interests. Furthermore, as the Committee has also stated in an earlier case, the fact that an organisation has not been officially recognised is no justification for the rejection of allegations where it is clear from the complaints that this organisation has at least a de facto existence.
- 270 In view of certain additional remarks made by the Government, the Committee recalls that in its very first report it laid down certain principles with regard to the examination of complaints claimed by the government concerned to be politically motivated. The Committee stated in this respect that even though certain allegations might be political in origin or present political aspects, they should be examined as to their substance if they raised questions directly affecting the exercise of trade union rights. In the present case, allegations have been made referring to the raiding of the headquarters of a workers' organisation and to the arrest of trade union leaders.
- 271 In these circumstances, bearing in mind the fact that the complainants have made specific allegations in the complaints of 27 February and 1 March 1978, the Committee considers it necessary to recommend the Governing Body to request the Government to supply as soon as possible the additional information requested of it as indicated in paragraph 267 above, as well as its observations on the allegations relating to the re-arrest of Mr. Velarde in April 1979.
- Allegations relating to the arrest of trade union officials in the health sector
- 272 By a telegram dated 31 January 1979, sent jointly with the Trade Unions International of Public and Allied Employees, the World Federation of Trade Unions requested that steps be taken to ensure respect for the trade union rights of health workers in Nicaragua, adding that the lives of participants in a hunger strike were in danger and that trade union officials in the health sector had been arrested.
- 273 By a telegram dated 22 February 1979, the Government replied that it guaranteed respect for the trade union rights of health workers, adding that the participants in the strike had voluntarily broken it off and that the authorities had informed the Government that no trade union officials were under arrest.
- 274 In the light of this information supplied by the Government, the Committee considers that this aspect of the case does not call for further examination.
- Allegations relating to the death of the trade union leader Luis Medrano Flores
- 275 In its communications of 11 January, 23 February and 8 March 1979, the International Confederation of Free Trade Unions referred to the murder in Managua of Luis Medrano Flores, General Secretary of the Confederation of Trade Union Unification, a Nicaraguan workers' organisation affiliated to the ICFTU. The complaining organisation stated that Mr. Medrano Flores had been killed on 9 January while distributing leaflets announcing a demonstration, and that there were reasons to believe that his murderers were members of the National Guard in plain clothes. According to the subsequent information supplied by the ICFTU, this act was committed by members of a patrol, who were not in uniform and were travelling in a private can These persons were said to have been frequently seen around district police station XIII. According to the allegations, Mr. Medrano Flores was with one of his brothers and another person when an order was heard to be given in the car saying "There he is, shoot him", which would indicate that they were looking for him to kill him. On 12 January 1979, the authorities produced someone who was accused of Luis Medrano Flores' murder although his description did not correspond to that given by the eye witnesses of the crime. The Executive Committee of the Confederation of Trade Union Unification was of the opinion that it was the Government that was responsible, as it would have been impossible for somebody in civilian clothes to enter a barracks, take a rifle, go out into the street and fire at someone.
- 276 The Government furnished its observations and additional information in a telegram dated 18 January and three letters dated 16 February and 26 and 27 March 1979. It stated that Mario José Pérez Rodriguez had been identified as the killer of Mr. Medrano Flores and placed at the disposal of the judicial authorities. The Government supplied the text of the arrest warrant issued by a criminal judge in Managua, in adducing the reasons for which the judge had stated that Pérez Rodriguez had declared that he had committed the offence by accident, when, while carrying a rifle, he had tried to apprehend Mr. Medrano Flores, but that he had confessed that he was not authorised to carry arms of any kind nor to make arrests. In the arrest warrant it was stated that Pérez Rodriguez was a student and that two other persons (L. García Mairena and F.J. Pérez Gutiérrez), who had assisted him in his attempt to apprehend Medrano Flores, were also to be taken into custody for the same offence.
- 277 The Government stated that the criminal proceedings were taking their course and that the judicial authorities acted independently of the governmental authorities. It added that contrary to what had been claimed in certain complaints, its policy had been to promote freedom of association and that it would never acquiesce to infringements of trade union rights, having demonstrated the importance it attached to the commitments entered into with respect to these rights and human rights.
- 278 The Committee feels bound to express its concern at the seriousness of these allegations, relating to the death of a trade unionist. In similar cases, the Committee has always insisted on the need to carry out an independent and impartial inquiry in order to elucidate the facts and determine responsibilities. In the present case, the Government has supplied information showing that criminal proceedings have been initiated against the person presumed to have committed the act in question and two accomplices. In this connection, in accordance with the practice followed in earlier cases, the Committee considers it necessary to request the Government to keep it informed as to the outcome of these proceedings and to supply the text of the judgement when it is pronounced, together with the reasons adduced therefor.
- Other allegations
- 279 According to allegations made in the ICFTU's communication of 23 February 1979, death threats have been addressed to the Confederation of Trade Union Unification (CUS). It is further alleged that on 16 January 1979 the home of the Industrial Disputes Secretary of this Confederation, Mr. Mariano Mendoza, was searched by 15 members of the National Guard and other persons who had tied handkerchiefs over their faces, without any warrant from any authority whatsoever being produced. On that occasion one of Mr. Mendoza's sons was arrested and was interrogated about the activities of his father and those of Mr. Medrano Flores - which, it is claimed, shows that the leaders of the CUS are being subjected to veritable persecution. In its communication of 27 April 1979, the WFTU alleges that Mr. Domingo Sánchez Salgado, an official of the Nicaraguan General Confederation of Workers, was recently arrested by the police.
- 280 In its reply to the ICFTU's allegations, the Government declares that no repression is exercised by the police authorities against any trade union organisation or its members. As regards the allegations concerning the raid on Mr. Mendoza's home, the Government states that it will supply further information when it receives from the competent authorities the reports it has requested from them.
- 281 The Committee takes note of this statement by the Government and proposes to submit its conclusions on this aspect of the case once it has received this additional information, as well as the Government's observations on the alleged arrest of Mr. Sánchez Salgado.
The Committee's recommendations
The Committee's recommendations
- 282. In these circumstances, with regard to these cases as a whole, the Committee recommends the Governing Body:
- (a) to express its concern over the grave allegations relating to the murder and detention of trade unionists, violation of trade union premises and the generally insecure position of trade unionists;
- (b) as regards the allegations concerning the arrest of trade union officials in the health sector, to decide, in the light of the information supplied by the Government (see paragraph 273 above), that this aspect of the case does not call for further examination;
- (c) as regards the allegations concerning the measures taken against the CTN to point out that if an organisation has not been officially recognised there is no justification for the rejection of allegations where it is clear from the complaints that this organisation has at least a de facto existence; and to urge the Government to furnish as soon as possible additional information as to the reasons for the raid on the headquarters of that organisation in February 1978, and as to the specific acts of which Messrs. Carlos Huembes and Enrique Velarde were accused (and, in particular, the nature of the material found in their possession), as well as its observations on the re-arrest of Mr. Velarde in April 1979;
- (d) as regards the allegations concerning the death of the trade union leader Luis Medrano Flores, to express its concern and to urge the Government to keep it informed as to the outcome of the legal proceedings initiated against the presumed murderer and his accomplices, and to supply the text of the judgement when it is pronounced, together with the reasons adduced therefor;
- (e) as regards the other allegations mentioned in paragraph 280 above, to request the Government to supply as a matter of urgency the additional information promised by it as indicated in paragraph 281 and its observations on the alleged arrest of Mr. Sánchez Salgado;
- (f) to take note of this interim report.
