Interim Report - Report No 222, March 1983

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

1. 317. Under the signature of the Disputes Secretary, the Trade Union of Dockers, Employees and Office Staff of Corinto Docks (SEEOMC) presented a complaint in a communication dated 12 November 1982 and sent additional information in a communication dated 16 December 1982. The Government replied in a communication dated 1 February 1983.
2. 318. Nicaragua has ratified both 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 complainant's allegations

1. 319. The Disputes Secretary of the SEEOMC, Mr. Zacarias Hernández, in his capacity as union leader, alleges in a communication of 12 November 1982 that Denis Maltes Lugo and Alejandro Arnuero, respectively Financial Secretary and Secretary for Social Affairs of the SEEOMC, were arrested on 7 November 1982 at 4 a.m. by the State Security chief and second-in-command of the harbour police, without his family or organisation being informed of his whereabouts. According to the complainant, they were arrested simply for having requested compliance with the ILO' international Conventions on freedom of association and as a result of collusion between the labour and police authorities and the manager of the harbour enterprise. Mr. Zacarias Hernández further alleges that he is currently a refugee in San José, Costa Rica, a victim of the State Security forces' persecution of the defenders of freedom of association.
2. 320. In his communication dated 16 December 1982, the complainant adds that State Security forces arrested Felipe Alonso, President of the Vigilance Board of the SEEOMC, on 1 December, since when neither his whereabouts nor the charges against him have been communicated. In addition, a trade union leader, Isabel Somarrita, was obliged to leave the country owing to the systematic harassment of the State Security forces and manager of the harbour enterprise. Mr. Hernández goes on to state further that, although Denis Maltes Lugo has now been released, it is on condition that he relinquish his trade union post and take no further part in the activities of the organisation.
3. 321. Finally, Mr. Zacarias Hernández alleges that the Ministry of Labour, manoeuvred by the manager of the harbour enterprise and State Security chief, authorised the rest of the executive committee to convene an extraordinary general meeting on 18 December 1982 in order to appoint persons not affiliated to the trade union to an executive body sympathetic to the political interests of the Government, against the will of the union's members.

B. The Government's reply

1. 322. In its communication dated 1 February 1983, the Government states that, in an official declaration issued on 17 January 1983, the SEEOMC denied Mr. Hernández the right to represent it and bore witness to the freedom of association of workers in Nicaragua and to the fact that the persons concerned had not been arrested in their capacity as trade union leaders but for other reasons. According to the Government, the declaration, which was issued spontaneously and freely by the union in question, denounced the manoeuvring of certain workers who, through their statements or activities, were endeavouring to cause problems for the Government, undermine the honesty and patriotism of other union members and present a bad image of the Government to world opinion.
2. 323. The Government sends the text of the SEEOMC declaration in which the following statements are made:
   • that this trade union denies Mr. Zacarias Hernández Bustamente any authority to act on its behalf in view of the fact that he left the union on 24 August 1982 to join the ranks of the CIA and counter-revolutionary forces operating outside the country; that the complaint presented to the ILO is merely one further defamatory campaign sponsored by the CIA against the popular Sandinista Revolution. The declaration further states that Felipe Alonso and Alejandro Arnuero, who are innocent and at present released, were not arrested in their capacity as union leaders but for having been involved by Mr. Hernández in his counter-revolutionary activities.
3. 324. The Government also encloses a communication from the SEEOMC dated 21 December 1982 showing that an extraordinary general assembly was held on 18 December 1982 at which an. Executive Board was elected for the whole of 1983.

C. The Committee's conclusions

1. 325. The Committee takes note of the allegations of the complainant and of the Government's reply. The Committee notes in particular that, according to the documentation sent by the Government, the union leaders, Felipe Alonso and Alejandro Arnuero have been released and that they were arrested not in their capacity as union leaders but for having been involved by Mr. Zacarias Hernández in his counter-revolutionary activities. The Committee also notes that, according to the complainant, Denis Maltes Lugo has been released but on condition that he relinquish his trade union post and take no further part in the activities of the organisation.
2. 326. The Committee observes that the Government has not indicated the precise grounds for the arrest of the union leaders, Denis Maltes Lugo' Felipe Alonso and Alejandro Arnuero, but has merely sent the text of a declaration issued by the SEEOMC asserting in general terms that Felipe Alonso and Alejandro Arnuero had been arrested for their involvement in counter-revolutionary activities, which cannot be considered as a sufficiently derailed reply. The Committee therefore requests the Government to indicate the precise grounds for the arrest of these three union leaders so that it can rule on the case in full knowledge of the facts.
3. 327. The Committee moreover observes that the Government has not replied to the other allegations: namely, the use of coercion to make the trade union leader, Denis Maltes Lugo, relinquish his union post, the departure from the country of union leaders Zacarías Hernández and Isabel Somarriba because of the persecution and harassment by the State Security forces, and collusion between the authorities and management of the harbour enterprise to authorise the convening of an extraordinary general assembly of the SEEOMC to appoint persons not affiliated to the trade union to an executive body sympathetic to the political interests of the Government, against the will of the members of the union. The Committee requests the Government to send its observations on these allegations.
4. 328. In addition, the Committee would like to have more information on the serious accusations made in the declaration of the SEEOMC against Mr. Zacarías Hernández.

The Committee's recommendations

1. 329. In these circumstances, the Committee recommends the Governing Body to approve this interim report and, in particular, the following conclusions:
   • (a) While noting that the trade union leaders, Denis Maltes Lugo, Felipe Alonso and Alejandro Arnuero have now been released, the Committee requests the Government to indicate the precise grounds for their arrest.
   • (b) The Committee requests the Government to send its observations on the allegations to which it has not replied: namely, the use of coercion to make the trade union leader, Denis Maltes Lugo, relinquish his union post, the departure from the country of union leaders Zacarías Hernández and Isabel Somarriba because of the persecution and harassment by the state Security forces, and collusion between the authorities and management of the harbour enterprise to authorise the convening of an extraordinary general assembly of the SEEOMC to appoint persons not affiliated to the trade union to an executive body sympathetic to the political interests of the Government, against the will of the members of the union.
   • (c) The Committee would like to have more information on the serious accusations made in the declaration of the SEEOMC against Mr. Zacarías Hernández.
     • Geneva, 25 February 1983. (Signed) Roberto AGO, Chairman.