Interim Report - Report No 218, November 1982

Case No 1129 (Nicaragua) - Complaint date: 14-APR-82 - Closed

1. 467. The complaints are contained in communications of the Latin American Central of Workers (CLAT) and the World Confederation of Labour (WCL), dated respectively 14 and 20 April 1982. CLAT sent further information in a communication of 5 May 1982. The Government replied in a communication of 23 July 1982.
2. 468. 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. The complainants' allegations

1. 469. The complainants allege that in the context of a systematic campaign by the Government to destroy the Central of Nicaraguan Workers (CTN) the following has occurred:
   • - physical attacks by the authorities on members of the CTN working on the State controlled banana estates and sugar plantations;
   • - death threats by the official militia against CTN trade union leaders. The complainants state that Luis Mora, President of the Press Workers Union, and Salvador Sánchez were allegedly threatened in this way when they were under detention and that the police attempted to make Salvador Sánchez sign a statement against the CTN;
   • - prison sentences against Juan Suazo, a leader of the Aceites Corona Union, accused of disrespect to a member of the Junta of National Reconstruction by refusing to shake hands with him on the occasion of a visit by the latter to a work centre, and against Luis Mora, President of the Press Workers' Union, sentenced for being a trade union leader;
   • - detention of trade unionists because of their being trade unionists. The persons concerned are Roger Alonso, a reporter, arrested on 2 April 1982 and whose whereabouts are unknown, and also Benito Calderón, Martin Torres, Inés Segueira, Luis Avenor, José Eriteo, Arsenio Cruz and Asunción Segueira, detained solely because they were members of the CTN and subsequently released without it having been possible to prove that they had committed any offence;
   • - the members of the Executive Committee of the CTN have been forbidden to leave the country;
   • - restrictions on the freedom of movement of leaders and members of the CTN within the country;
   • - preventing the entry to their work centres of sugar workers belonging to the CTN;
   • - systematic defamatory attacks against the CTN and its leaders in the official media without permission to exercise the right of reply;
   • - attacks on the CTN premises in front of which crowds gather, including members of the militia and the Sandinista army, who daub the walls with paint and threaten the lives of CTN officials without the authorities seeking to intervene.
2. 470. Finally, according to the complainants, the lives and safety of Messrs Huembes, Altamirano and Castillo, senior officials of the CTN, are alleged to be in imminent danger.

B. The Government's reply

1. 471. In its communication of 23 July 1982, the Government states that Juan Suazo was sentenced to 180 days' imprisonment for disrespect to authority, Luis Mora to one year's imprisonment for embezzlement of the assets of the Plásticos Record Factory, and Benito Calderón to 6 months for cattle stealing. The Government adds that Salvador Sánchez, who had been detained in 1981 and charged with theft, was acquitted by the courts and released on 19 July 1981; that Martin Torres, who had been accused of sabotage, was freed on 22 July 1980, and Roger Alonso on 16 April 1982:. As for Inés Segueira, Luis Avenor, José Eriteo, Arsenio Cruz and Asunción Segueura, the Government states that they do not appear in the records of detained persons.
2. 472. The Government denies, moreover, that there are restrictions on the freedom of movement of CTN leaders and members within the country and states that trade union pluralism is one of the Government's principles, a principle which is respected in the country, as is proved by the fact that the CTN registers the unions which affiliate to it with the Department of Trade Union Associations, carries out activities in the various departments of the country, places announcements concerning them in the newspapers and makes statements in the various media.
3. 473. Referring to the alleged attacks on the premises of the CTN, the Government adds that it is entirely false that members of the people's militia and the army take part in inter-union problems or participate in disturbances on the streets. The Government points out that it does not participate in ,problems of trade union conflict and that when it has intervened it has done so through its police force responsible for internal order so as to avoid more serious problems.
4. 474. Finally, the Government expresses surprise at the complainants' statement that Messrs Huembes, Altamirano and Castillo are in imminent danger and points out that respect for and protection of life constitute one of the fundamental principles in the Statute of Rights and Guarantees of Nicaraguans.

C. The Committee's conclusions

1. 475. The Committee observes that in the present complaint the complainants have alleged a series of violations of freedom of association within the context of a systematic campaign by the Government to destroy the CTN.
2. 476. As regards the prison sentences on trade union leaders and trade unionists, the Committee notes that, according to the Government, Juan Suazo, a leader of the Aceites Corona Union, was sentenced to 180 days' imprisonment for disrespect to authority; Luis Mora, President of the Press Workers' Union, to one year's imprisonment for the offence of embezzlement of the assets of the Plásticos Record Factory, and Benito Calderón, a member of the CTN, to 6 months' imprisonment for cattle stealing. The Committee observes, however, that, according to the complainants, the reason why Juan Suazo was sentenced for disrespect to authority was allegedly that he refused to shake bands with a member of the Junta of National Reconstruction, when the latter visited his work centre. The Committee also observes that the version of the facts described by the complainants has not been explicitly denied by the Government, which has confined itself in its reply to stating the type of offence allegedly committed by the above trade union officials. In this respect, the Committee considers that the behaviour of Juan Suazo does not appear to have warranted the application of penal sanctions. In these circumstances, and having regard to the fact that, in view of the date of the allegations, Señor Suazo must already have served his sentence of 180 days imprisonment, the Committee regrets the sentencing of this trade union leader and express the hope that he has already been reinstated in his trade union functions.
3. 477. Concerning the detention of trade union leaders and trade unionists, the Committee takes note that, according to the Government, Inés Sequeira, Luis Avenor, José Eriteo, Arsenio Cruz and Asunción Sequeira do not appear in the records of detained persons. The Committee observes however that it appears from the Government's statements that Salvador Sánchez, Martin Torres and Roger Alonso have been released and that the judicial authority did not uphold any charges against them. In this respect, the Committee would point out to the Government that measures of preventive detention against trade union leaders and trade unionists for activities connected with the exercise of trade union rights are: contrary to the principles of freedom of association.
4. 478. As for the allegations concerning restrictions -on the freedom of movement of CTN leaders and members within the country and the systematic defamatory attacks against the CTN and its leaders in the official media without permission to exercise the right of reply, the Committee takes note that the Government denies that there are restrictions on the freedom of movement of CTN leaders and members within the country and states that the principle of trade union pluralism is respected and, more particularly, that the CTN registers the unions which affiliate to it with the competent authority, carries out activities in the various departments of the country, places announcements concerning them in newspapers and makes statements in the various media. In these circumstances, and in the absence of more specific information in support of these allegations, the Committee considers that these allegations do not call for further examination.
5. 479. With respect to the alleged attacks on the premises of the CTN by crowds including members of the militia and the Sandinista army, the Committee notes that the Government denies that the militia and the army participated in the above attacks, and that it seems to place the events in the context of problems of trade union rivalry. The Committee has pointed out that matters of inter-union rivalry are in principle outside the scope of the Conventions concerning freedom of association. It has also stated, however, that violence resulting from inter-union rivalry might constitute an attempt to impede the free exercise of trade union rights. If this were the case, and if the acts in question were sufficiently serious, it appears that the intervention of the authorities, in particular the police, would be called for in order to provide adequate protection of these rights. The question of infringement of trade union rights by the Government would only arise to the extent to which it may have acted improperly on the alleged assaults. In the present case the Committee would draw the attention of the Government to the necessity in such circumstances, of taking adequate measures to ensure the protection of trade union rights.
6. 480. Finally, the Committee notes that the Government has not replied to the allegations of threats against the lives of trade union leaders by the official militia, of physical attacks by the authorities on members of the CTN working on State-controlled banana estates and sugar plantations, of the members of the Executive Committee of the CTN being forbidden to leave the country and of the sugar workers affiliated to the CTN being prevented from entering their work centres. The Committee, accordingly, requests the Government to send its observations on these matters at an early date.

The Committee's recommendations

1. 481. 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 prison sentence imposed on the trade union leader Juan Suazo, since, as appears from the date of the allegations, he must already have served his sentence of 180 days imprisonment, the Committee regrets the sentencing of this trade union leader for behaviour which does not appear to have warranted the application of penal sanctions; it expresses the hope that he has now been reinstated in his trade union functions.
   • (b) With regard to the detention of trade union leaders and trade unionists, the Committee notes that Salvador Sánchez, Martin Torres and Roger Alonso have been released and that the judicial authority upheld no charges against them, and draws the Government's attention to the fact that measures of preventive detention against trade union leaders and trade unionists for activities connected with the exercise of trade union rights are contrary to the principles of freedom of association.
   • (c) With regard to the allegations of restrictions on the freedom of movement of CTN officials and members within the country, the defamatory attacks against the CTN and its leaders in the official media, the Committee considers that they do not call for further examination.
   • (d) With regard to the alleged attacks on the CTN premises the Committee would point out that, although matters of inter-union rivalry are in principle outside the scope of the Conventions on freedom of association, violence resulting from inter-union, rivalry may call for intervention by the authorities in order to ensure the protection of trade union rights.
   • (e) The Committee requests the Government to send at an early date its observations on the allegations to which it has not replied: namely, threats against the lives of trade union leaders by the official militia; physical attacks by the authorities on CTN members working on State controlled banana estates and sugar plantations; members of the Executive Committee of the CTN being forbidden to leave the country; and sugar workers affiliated to the CTN being prevented from entering their work centres.