Definitive Report - Report No 217, June 1982

Case No 1031 (Nicaragua) - Complaint date: 02-MAR-81 - Closed

1. 115. The Committee examined this case at its meeting in November 1981 when it submitted an interim report to the Governing Body. Subsequently, the Government has supplied its observations in communications dated 25 November and 3 December 1981 and 30 April 1982.
2. 116. Nicaragua has ratified the Freedom of Association and Protection of the Eight to Organise Convention, 1948 (No. 87) and the Right to Organise and Collective Bargaining Convention, 1949 (No. 98).

A. Previous examination of the case

1. 117. After the previous examination of the case by the Committee, the allegations left pending concerned the physical aggression against Carlos Huembes, Secretary-General of the Nicaraguan Confederation of Labour, as a result of his trade union activities, and the arrest of Enrique Velarde Ortiz, Martha Alvarez and Victor Flores, trade union leaders of the Nicaraguan Confederation of Labour, apparently as a result of a simple request for a wage increase for workers in the Javier Guerra mill.
2. 118. Since the Government had not replied to these allegations, the Committee requested it to send in its observations.

B. The Government's reply

1. 119. The Government states that the trade union leaders of the Nicaraguan Confederation of Labour, Enrique Velarde, Martha Alvarez and Victor Flores, were arrested in order to allow the necessary inquiries to be made into acts of sabotage which had been committed in the Javier Guerra mill and to apportion the responsibilities. The Government adds that these leaders were subsequently released.

C. The Committee's conclusions

1. 120. The Committee takes note of the Government's statements that the leaders of the Nicaraguan Confederation of labour, Enrique Velarde, Martha Alvarez and Victor Flores, were arrested in order to allow the necessary inquiries to be made into acts of sabotage which had been committed in the Javier Guerra mill and to apportion the responsibilities. The Committee also observes that discrepancies exist between the version of the facts given by the complainant and the Government in this matter and that according to the former, the arrests appeared to be connected with wage claims. Be that as it may, the Committee notes that the persons concerned have been released and that - according to the Government's reply - no charges appear to have been made against them. In this respect, the Committee cannot but draw the attention of the Government - as it did during its examination of a similar complaint at its November 1981 Session - to the fact that the detention of trade union leaders without specific criminal charges against them involves restrictions on trade union rights.
2. 121. The Committee also notes that the Government has not referred to the allegation concerning the acts of physical aggression against Carlos Huembes, Secretary-General of the Nicaraguan Confederation of Labour. In this respect, given the fact that the complainant has limited the complaint to a generic allegation that the acts of aggression were a result of the trade union activities carried out by Mr. Carlos Huembes, without providing any supplementary information, the Committee can only point out the importance which it attaches to respect being had for fundamental rights for the protection of the physical integrity of individuals.

The Committee's recommendations

1. 122. In these circumstances, the Committee recommends the Governing Body to approve the present report and in particular the following conclusions:
   • (a) As regards the alleged arrest of the trade union leaders of the Nicaraguan Confederation of Labour, Enrique Velarde, Martha Alvarez and Victor Flores, the Committee notes that these persons have been released and draws the attention of the Government to the fact that the detention of trade union leaders without specific criminal charges against them involves restrictions on trade union rights.
   • (b) As concerns the alleged physical aggression against Carlos Huembes, Secretary-General of the Nicaraguan Confederation of Labour, the Committee stresses the importance which it attaches to respect being had for fundamental rights for the protection of the physical integrity of individuals.