Interim Report - Report No 238, March 1985

Case No 1169 (Nicaragua) - Complaint date: 12-NOV-82 - Closed

1. 217. The Committee has examined this case on three occasions (see 222nd Report, paras. 317 to 329, 233rd Report, paras. 214 to 317, and 234th Report, paras. 432 to 444, approved by the Governing Body at its 222nd, 225th and 226th Sessions in March 1983, February-March and May-June 1984 respectively); on the last occasion it submitted an interim report to the Governing Body. The Government has sent certain information in a communication received in the Office in January 1985.
2. 218. 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. Previous examination of the case

1. 219. When the Committee examined the case at its May 1984 meeting it made the following recommendations on the allegations still pending (see 234th Report, paras. 443 and 444):
2. The Committee again requests the Government to send its observations on the information given by the Central of Nicaraguan Workers (CTN) to the Director-General's representative on seven trade unionists (Mónico Fuentes, Nicolás González, Santos Ponce Santacruz, Victoriano Ramos, Agustín Canales, Saturnino López Centeno and Santos Larios Cornejo) who, contrary to what the Government maintains, are in prison (see 233rd Report, para. 287). The Committee also requests the Government to send its observations on the other allegations of arrest to which it has not replied, involving the following 18 trade union leaders or members: Crescencio Carranza, Guillermo Salmerón Jiménez, Fidel López Martínez, Rito Rivas Amador, José Angel Altamirano, Mercedes Hernández, Reynaldo Blandón, Iván Blandón, Victor Ríos, Erik Luna, José Angel Peñalosa, Napoleón Aragón, Eleázar Marenco, Juan Ramón Duarte and his brother, Maximino Flores Obando, Anastasio Jiménez Maldonado and Gabriel Jiménez Maldonado.
3. The Committee again requests the Government to send its observations on the allegation that the Ministry of Labour has been recommending trade union organisations to join the Sandinista Central of Workers (CST) and that copies of by-laws of trade union organisations, on paper bearing the Ministry of Labour letterhead, have been deposited at the headquarters of the CST so that it can register the recently constituted organisations among its members.
4. The Committee observes that the Government has not replied to the allegation that the leader of the Trade Union of Dockers, Employees and Office Staff of Corinto Docks (SEEOMC), Mr. Alejandro Arnuero, who was to have taken part in a congress of the International Transport Workers' Federation in Brazil, had his passport withdrawn without any valid reason. The Committee requests the Government to send its observations on the matter.
5. The Committee again requests the Government to send the text of the final decision handed down in the matter of the alleged embezzlement of SEEOMC funds.
6. The Committee again requests the Government to send its observations on the allegations concerning the searching of the headquarters of the Federation of Workers of Chinandega (FETRACHI) and the use of aggression against its leaders.
7. The Committee observes that the Government has not replied to the allegations that rural workers of Wasaca affiliated to the CTN have been interrogated and threatened with imprisonment and that Eugenio Membreño and other members of the CTN Executive Committee have been threatened and intimidated in their homes. The Committee requests the Government to send its observations on the matter.
8. B. The Government's reply
9. 220. The Government states that the Ministry of Labour is the prime guarantor of freedom of association in Nicaragua, which is enshrined in the Fundamental Statute of Rights and Guarantees of Nicaraguan citizens. This being so, it is logical that a policy of impartiality should be maintained towards the activities of trade unions and the various federations or confederations of workers existing in the country. Copies of by-laws or statutes have never been printed on paper bearing the Ministry of Labour letterhead for purposes of discrimination or selective registration. The workers' federations prepare the individual provisions best suited to their own interests within the spirit of the relevant legislation. If the allegation relating to the by-laws had any real foundation, it would be expected that the complainant party would have sent copies of the paper bearing the letterheads as evidence; if it did not do so it was because this allegation is genuinely unfounded and aims at diminishing the prestige of the Nicaraguan Government.
10. 221. The Government also states that it will transmit the results of the embezzlement proceedings against SEEOMC as soon as the judgement is handed down; the passport of Mr. Alejandro Arnuero was not withdrawn, as is shown by the fact that he is at present living in Costa Rica.
11. 222. The Government adds that on 23 September 1982, the State Security Service of the Second Region arrested Messrs. Javier Altamirano and Rosendo Solórzano, both of whom were engaged in acts against public order. The arrest was made at the headquarters of FETRACHI, where the said individuals had managed to conceal themselves after committing the offences mentioned. The Government stresses that their status as trade union leaders does not place them above the law or confer upon them immunity from penal sanctions; nor can the headquarters of a trade union organisation become a place of asylum from pursuit by the law. According to the Government, both these individuals were released after being held for a few days.
12. 223. The Government points out that Messrs. Agustín Canales, Mónico Fuentes, Nicolás González, Santos Ponce, Victoriano Ramos, Saturnino López and Santos Larios Cornejo are neither trade unionists nor are they imprisoned. The first does not appear in the prison records, the second was released in February 1983 and the others in December 1983.
13. 224. As regards the allegation relating to the imprisonment of the remaining 18 trade unionists, the Government states that it needs additional information in order to be able to reply (workplace and present whereabouts, office held and union to which they belong, place and date of the arrest and the grounds for it). In general, the Government affirms that the persons referred to by the complainants are not trade union leaders, nor are they registered as such with the Ministry of Labour. The Government expresses its concern at the fact that allegedly "persecuted trade union leaders" are often individuals whose links with counter-revolutionary movements and political activities in this connection (in some cases taking the form of armed attacks and crimes against the civilian population) have been fully demonstrated. The Government expresses its concern at the fact that the forces which are leaving no stone unturned to destroy freedom and the recent conquests of the people are attempting to use the authority and prestige of the ILO to slander and denigrate the duly constituted revolutionary authorities.
14. 225. The Government also states that the policy of the armed forces is not to arouse the enmity of peaceful peasants such as those in the Wasaca area (where counter-revolutionary forces are operating). What is happening is that, when a member of the counter-revolutionary forces is captured, the CTN at once alleges that he is a member or leader of its organisation and that he was captured solely because he belonged to that organisation. The local peasants are aware of the atrocious crimes committed by these forces, which are trying to take cover behind the shield of trade unionism. Nor is it correct, continues the Government, that Eugenio Membreño or any other members of the CTN Executive Committee are being threatened or intimidated. In this connection the Government reiterates its concern, expressed earlier, at the true nature of the criminal acts perpetrated by so-called trade union leaders, allegedly persecuted by the Government.

C. The Committee's conclusions

1. 226. The Committee notes that the Government denies that copies of by-laws were printed on paper bearing the Ministry of Labour letterhead and deposited at the headquarters of the Sandinista Central of Workers for the purpose of facilitating the registration of the recently constituted organisations among the Central's members. In support of this statement the Government adduces the fact that the complainants have not sent copies of the paper allegedly bearing the letterhead. The Committee notes that the Government also denies that the passport of the trade union leader, Alejandro Arnuero, was withdrawn and points out that he is at present living in Costa Rica. The Government also denies that Eugenio Membreño or other members of the CTN executive committee are being threatened or intimidated. The Committee also notes that the Government will transmit the results of the embezzlement proceedings against the trade union organisation SEEOMC as soon as the judgement is handed down.
2. 227. As regards the allegations relating to the search of the headquarters of FETRACHI and the alleged attacks on the leaders of this organisation, the Committee notes that, according to the Government's statements, two trade union leaders hid in the headquarters of FETRACHI after engaging in acts against public order (which the Government describes as offences), were arrested there by the state security forces and released a few days afterwards. The Committee notes that the Government has not indicated specifically what the acts against public order alleged to have been engaged in by these leaders consisted of or whether the stare security forces had a judicial warrant to enter the premises. In these circumstances the Committee wishes to recall generally the principle that the right of inviolability of union premises also necessarily implies that the public authorities should not enter such premises without having obtained a judicial warrant to do so. (See, for example, 230th Report, Case No. 1200 (Chile), para. 610.)
3. 228. As regards the allegations that rural workers of Wasaca affiliated to the CTN have been interrogated and threatened with imprisonment, the Committee notes that, according to the Government, when a member of the counter-revolutionary forces is captured, the CTN at once alleges that he is a member or a leader of its organisation. Concerning this allegation, the Committee wishes to point out that the complainants did not give the names of the persons who were allegedly interrogated and threatened, nor the period during which these events are alleged to have occurred, and accordingly considers that this aspect of the case calls for no further examination.
4. 229. As regards the alleged imprisonment of trade unionists, the Committee notes that, according to the Government, Messrs. Agustín Canales, Mónico Fuentes, Nicolás González, Santos Ponce, Victoriano Ramos, Saturnino López and Santos Larios Cornejo are neither trade unionists nor in prison; the first does not appear on the prison records, the second was released in February 1983 and the others in December 1983. Since the Government has not indicated the concrete facts warranting the arrest of the six persons whose subsequent release was confirmed, the Committee wishes to draw the Government's attention to the principle that measures designed to deprive trade union leaders and members of their freedom constitute a serious risk of interference in union activities and, when such measures are taken on trade union grounds, they constitute an infringement of the pri-nciples of freedom of association. (See 233rd Report, Case No. 1169 (Nicaragua), para. 292.) The Committee requests the Government to indicate the concrete acts which gave rise to the arrest of these persons.
5. 230. Lastly, in connection with the imprisonment of 18 trade union leaders or members (whose names are listed in Annex II), the Committee notes that the Government states that it needs additional information in order to be able to reply (workplace and present whereabouts, office held and union to which they belong, place and date of the arrest and the grounds for it). The Committee requests the complainants to provide as many details as they can obtain about these persons in the sense indicated by the Government. The Committee nevertheless wishes to point out to the Government that the complainants had already provided a number of elements of information regarding the arrests concerned, in particular their date and place (see 233rd Report, paras. 255 and 256), for which reason the Committee considers that the Government should be in a position to reply to these allegations at an early date.

The Committee's recommendations

1. 231. In these circumstances the Committee recommends the Governing Body to approve the present interim report and, in particular, the following conclusions:
   • (a) Regarding the search of the headquarters of FETRACHI, the Committee wishes to recall generally the principle that the right of inviolability of union premises also necessarily implies that the public authorities should not enter such premises without having obtained a judicial warrant to do so.
   • (b) Bearing in mind that the Government has not indicated the precise facts warranting the arrest of six persons (mentioned in Annex I) whose subsequent release it confirms, the Committee wishes to draw the attention of the Government to the principle that measures designed to deprive trade union leaders and members of their freedom constitute a serious risk of interference in union activities and that, when such measures are taken on trade union grounds, they constitute an infringement of the principles of freedom of association. The Committee requests the Government to indicate the concrete acts which gave rise to the arrest of these six persons.
   • (c) Regarding the imprisonment of 18 trade union leaders and members (mentioned in Annex II), the Committee notes that the Government states that it needs additional information in order to be able to reply (workplace and present whereabouts, office held and union to which they belong, place and date of the arrest and grounds for it). The Committee requests the complainants to provide as many details about these persons as they can obtain in the sense indicated by the Government. The Committee nevertheless wishes to point out to the Government that the complainants have already provided a number of elements of information regarding the arrests concerned, in particular their date and place (see 233rd Report, paras. 255 and 256), for which reason the Committee considers that the Government should be in a position to reply to these allegations at an early date.
   • (d) The Committee notes that the Government will transmit the results of the embezzlement proceedings against the trade union organisation SEEOMC as soon as the judgement is handed down.

Z. Annex I

• Released persons concerning whom the Committee requests the Government for information on the concrete acts leading to their arrest
• Mónico Fuentes Nicolás González Sántos Ponce Santacruz Victoriano Ramos Saturnino López Centeno Santos Larios Cornejo
• Annex II
• Allegedly detained trade union leaders or trade unionists
• Crescencio Carranza Guillermo Salmerón Jiménez Fidel López Martínez Rito Rivas Amador José Angel Altamirano Mercedes Hernández Reynaldo Blandón Iván Blandón Víctor Ríos Erik Luna José Angel Peñalosa Napoleón Aragón Eleázar Marenco Juan Ramón Duarte and his brother Maximino Flores Obando Anastasio Jiménez Maldonado Gabriel Jiménez Maldonado