Interim Report - Report No 284, November 1992

Case No 1586 (Nicaragua) - Complaint date: 13-JUN-91 - Closed

1. 921. The Committee examined this case at its meeting in February 1992, when it submitted an interim report to the Governing Body (see 281st Report of the Committee, paras. 420 to 421, approved by the Governing Body at its 252nd Session (March 1992)). The Sandinista Workers' Confederation (CST) submitted new allegations and additional information in communications dated 27 March and 1 June 1992.
2. 922. The Government sent further observations in communications dated 21 April, 29 May and 4 June 1992.
3. 923. 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. Previous examination of the case

1. 924. The allegations that remained pending at the Committee's meeting in February 1992 referred to the following questions: the declaration of strikes as illegal and police repression against striking workers; the ban on trade union check-off; the dismissal of workers from the TELCOR and E. Chamorro enterprises and the refusal to recognise the legal personality of the latter enterprise's trade union; the alleged campaign of military and police repression against the trade union leaders of the Sandinista Workers' Confederation and, specifically, the legal proceedings against Mr. Antonio Somoza Samorio; the organisation, promotion and financing of pro-government trade unions; and the establishment of machinery for the control of customs administration staff.
2. 925. In its previous examination of the case, the Committee made the following recommendations (281st Report, para. 441):
   • - "the Committee requests the Government to state whether there has been compliance with the legal procedures for declaring strikes illegal as regards the strikes mentioned by the complainants, to state the specific reasons for declaring these strikes illegal, and to state whether judicial investigations have been instituted for the purposes of clarifying circumstances surrounding the death and injury of trade unionists participating in the strikes mentioned in the complainants' communications; the Committee emphasises the seriousness of these allegations and expresses its deep concern;
   • - the Committee requests the Government to supply further information on the situation in the past and at present concerning the deduction of trade union dues at the source and to indicate the consequences upon the freedom of workers to choose their trade union organisation;
   • - the Committee requests the Government to provide information concerning the reasons for the alleged dismissals of all workers and trade union leaders in the international communications department of the Telecommunications and Postal Service (TELCOR), who participated in the second national strike;
   • - the Committee requests the Government to send its observations on the recent allegations according to which 50 workers and trade union leaders have been dismissed from the E. Chamorro enterprise, the police repression of the meeting held to show solidarity with the dismissed workers, the refusal to recognise the legal personality of this enterprise trade union, and the campaign of military and police repression against the trade union leaders of the Sandinista Workers' Confederation, specifically as regards the legal proceedings against Mr. Antonio Somoza Samorio;
   • - the Committee requests the complainant organisations to state which trade union organisations are alleged to have been organised and financed by the Government, to state on what facts these allegations are based, and to specify in detail the machinery used to control customs administration staff."

B. New allegations and additional information

1. 926. In its communication of 27 March 1992, the CST alleges that on 26 March 1992, army and police troops violently evicted workers from the Empresa Nacional de Abastecimiento de Granos Básicos (ENABAS), San Isidro branch, in the Department of Matagalpa. It points out that a demonstration of some 1,200 persons, including members of the general public, workers, students and peasants in the area, tried to protect the ENABAS workers; however, they were repressed by army and police forces. As a result of this repression, 20 persons were wounded and 45 workers arrested.
2. 927. In its communication of 1 June 1992, the CST, replying to the request made by the Committee at its meeting in February 1992 for information on the customs workers, states that on 7 March 1991 police anti-riot squads were used to repress the workers striking in this sector. During the repression, the police forces particularly attacked Antonio Espinoza and César Armando Reyes (members of the trade union executive); 20 workers in the sector were arrested. As regards the organisation, promotion and financing of trade union organisations by the Government, the complainant states that during the TELCOR labour dispute, the new trade unions acted in accordance with the employer's point of view and that the Deputy Minister and the legal adviser of TELCOR participated directly in the setting up of these unions. In the case of the sugar mills (especially in the labour dispute involving the Germán Pomares mill), the CST states that the autonomous CTN, in collusion with the Ministry of the Interior, instigated a movement of strikebreakers to try and put down the strike called by the workers belonging to the Sandinista Workers' Confederation, causing a clash between both parties. As a result of this clash, one of the strikebreakers died; although the trade union officials belonging to the CTN were only detained for 72 hours, an order was issued to arrest and try Francisco Somoza, Secretary-General of the trade union belonging to the CST. Finally, the complainant points out that a letter sent to the Ministry of the Interior by Antonio Jarquín, Secretary-General of the autonomous CTN several days before the clash caused by these strikebreakers contained detailed information on the plans to be implemented. Finally, the complainant states that in a number of regions, the Ministry of the Interior and the Ministry of Labour use trade union officials belonging to trade unions affiliated to the Standing Workers' Congress to identify and control trade union officials belonging to other unions which organise strikes at the workplace. Providing a specific example, it refers to the communication from the Secretary-General of Proceedings and Agreements of the independent CGT, which gives the Minister of the Interior the names of the trade union officials responsible for the strikes in the CEMA institution; these officials have since been subjected to repression at work and have since been watched closely by the police.

C. The Government's reply

1. 928. In its communication of 21 April 1992, the Government points out that in October 1991, 600 workers from the "Germán Pomares Ordoñez" sugar mill, belonging to the "Ramón Salvatierra" Sandinista Trade Union, declared a general strike and the sugar mill stopped operations. The Nicaraguan Workers' Confederation (CTN) and the Central for Trade Union Unity (CUS) agreed with the Director-General of the establishment to begin harvesting the sugar cane on 1 November. In a letter to the Minister of the Interior the Secretary-General of the CTN requested protection so that the workers might enter the sugar mill to work. The Government points out that on 1 November 1991, the workers from the independent trade unions turned up at the mill to begin harvesting the sugar cane but found the entrance gates blocked and guarded by armed members of the Sandinista trade union. When the independent workers tried to take the barricades down, shots were fired at them; the outcome of this clash was the death of one worker and injury of five persons. Later, the Minister of the Interior ordered the arrest of those involved in the murder and responsible for the injuries caused. The police detained about ten members of the independent trade unions; however, workers from the trade union affiliated to the CST remained free, including Francisco Somoza, accused by colleagues of the dead worker of having been responsible for his death.
2. 929. In response to the Committee's request for information at its February 1992 meeting, the Government states, in a communication dated 29 May 1992, that by declaring the strikes illegal, it acted in accordance with the legislation and the principles of equity. It specifically points out that: the national disturbance in July 1990 was declared illegal under a ministerial resolution which states that a number of workers in the public sector from several state-owned enterprises and union organisations affiliated to the National Workers Front (FNT), had continued to refuse to work and were occupying workplaces, resorted to violence to intimidate those who wanted to work, tried to prevent the development and success of the Government's economic, political and social programme and violated the legal proceedings and standards for settling economic and social disputes laid down in the Labour Code in force; the customs workers' strike on 7 March 1991 was not declared illegal since the parties had reached an agreement without the intervention of the Ministry of Labour; the strikes of workers of the Banco Inmobiliario (9 April 1991) and of the Banco Nacional de Desarrollo (11 April 1991) were not declared illegal and there was an agreement between the Government and the Banking Federation; the strike of the workers of the Olaf Palme Convention Centre was declared illegal because work had been interrupted without exhausting the procedures laid down for settling economic and social collective disputes in the Labour Code (sections 226 to 329, which forbids, amongst other things, acts of violence). There was an appeal against the resolution, but it was upheld by the General Labour Inspectorate.
3. 930. As regards the trade union check-off, the Government states that in the past, payroll deductions of trade union dues amounted to a form of police control. The new ministerial resolution states that workers must give their approval before union dues are deducted from their pay; but the Government stresses that these deductions are in no way forbidden. The Government points out that there are collective agreements stipulating that the enterprise may deduct trade union dues from the salaries, provided that the members accept this in writing (Empresa Fotograbado y Litografía Pérez, Alcadía de Managua, etc.).
4. 931. As regards the alleged dismissals of all the workers and trade union leaders in the international telecommunications department of the Telecommunications and Postal Service (TELCOR), the Government points out that in September 1991, the Department of Statistics was created within TELCOR, thus improving, with part of the staff, international communications; the rest of the staff were transferred to other priority areas within the enterprise. More specifically, of the 35 workers alleged to have been dismissed, 13 were placed in the Department of Statistics, nine profited from the occupational retraining programme and the other 13 were transferred to various areas within the enterprise.
5. 932. As regards the alleged dismissal of 50 workers and trade union officials in the E. Chamorro enterprise, the Government encloses a copy of the memorandum of agreement between the enterprise and the workers. Concerning the alleged police repression during the meeting of solidarity with the dismissed workers, the Government points out that the police were obliged to intervene in order to stop the violence sparked off by the strikers and persons outside the dispute, led by so-called trade union officials, and to maintain and re-establish public law and order. Concerning the refusal to grant legal personality to the trade union in this enterprise, the Government states that a request for registration of this trade union was submitted to the Trade Union Associations Department in October 1991, but this had not been granted as the request contained various formal and substantial irregularities (the time of the founding documents was not mentioned; only five trade union secretaries had been elected, whereas, according to the association's by-laws, ten should have been elected; the name of the union "Domingo Zambrano" was only mentioned in pencil; most of the lists of the union's founders showed illegible signatures). In addition, the appeal against this resolution was out of time. A new request for registration was submitted later, but this was withdrawn by the trade union's legal adviser because two of the members of the trade union's executive had resigned from the enterprise.
6. 933. In a communication dated 4 June 1992, the Government states, in connection with the events which allegedly occurred in the Empresa Nicaragüense de Alimentos Básicos (ENABAS), that on 23 August 1991, 39 workers from the enterprise occupied the premises and took over the administrative and financial control, deciding that the money obtained from the sale of the products in the warehouse would be used by the trade union to pay wages. The enterprise requested the termination of the employment contracts of the 39 workers; however, during the months of November and December, negotiations took place with the FNT and the CST resulting in the signing of two agreements and the handing back of the premises to the enterprise. The Government points out that on 23 January 1992, the workers once again took over the premises; a further request was made to terminate the employment contracts and the corresponding criminal charges were made. On 25 and 26 March the police took control of the premises without arresting any worker and re-established order on the Pan-American Highway which was blocked, encountering resistance from some of the armed workers. Later, there were new attempts to take over the premises and barricades were once again set up on the highway; however, the police and army troops broke up the group. During this exercise 18 persons were arrested and two injured. Finally, the Government states that after these actions, no worker remained in detention and the various industrial proceedings between the enterprise and the workers are being conducted by the Labour Court of Darío City, the Municipal Court of San Isidro and the Matagalpa Departmental Labour Inspectorate.

D. The Committee's conclusions

1. 934. With respect to the allegations concerning the declaration of illegality for a number of strikes, the Committee notes the Government's statement that the strikes in the customs administration (7 March 1991) and those in the Banco Inmobiliario and the Banco Nacional de Desarrollo (9 and 11 April 1991) were not declared illegal and that an agreement had been reached between the parties. The Committee notes, however, that the national strike in July 1990 and the strike in the Olaf Palme Convention Centre were declared illegal on the grounds of having violated the provisions of the Labour Code (sections 226 to 239) pertaining to the settlement of collective labour disputes, because the strikers had carried out acts of violence. In this respect, the Committee regrets that the Government did not give more details on these acts of violence and points out that final decisions concerning illegality of strikes should not be made by the Government - especially in those cases in which the Government is a party to the dispute. The Committee also regrets that the Government did not provide information concerning the allegations of police violence against the strikers (July 1990: four deaths and 49 injured; 9 April 1991: seven injured; 11 April 1991: five injured; and 18 April 1991: 14 injured). It requests the Government to give instructions for the carrying out of judicial investigations into the deaths incurred and injuries sustained by the workers taking part in the above-mentioned strikes and to keep it informed of developments.
2. 935. As regards the allegation concerning the banning by a ministerial resolution of the deduction of trade union dues, the Committee notes that the Government maintains that employers are allowed to check off trade union dues, provided that this has been expressly authorised by the worker. Nevertheless, the Committee recalls that paragraph 2 of the ministerial resolution states that ... "henceforth, the deduction by employers in the state, mixed and private sectors, of any amount of money from workers' wages as trade union dues shall be forbidden, even if this has been agreed by any means whatsoever between the parties". In these circumstances, the Committee requests the Government to take the necessary steps to amend this resolution so that its provisions are aligned with the practice described by the Government, and established through collective agreements.
3. 936. As regards the alleged dismissal of workers from the TELCOR enterprise, the Committee notes that, according to the Government, these workers were not dismissed but transferred to other posts as a result of a restructuring within the enterprise. Furthermore, the Committee notes the act of agreement signed between the E. Chamorro enterprise and the trade union which put an end to the labour dispute over the dismissals in this enterprise. Similarly, as regards the alleged police repression against workers holding a meeting in support of the strikes in the E. Chamorro enterprise, the Committee notes that, according to the Government, the police intervention was the outcome of acts of violence between the strikers and persons outside the dispute.
4. 937. As regards the refusal to grant legal personality to the "Domingo Zambrano" trade union in the E. Chamorro enterprise, the Committee notes that, according to the Government, the first request for registration was refused by the Trade Union Associations Department of the Ministry of Labour because of various irregularities of form and of substance (the time of the founding documents was not mentioned; only five trade union secretaries had been elected, whereas, according to the association's by-laws, ten should have been elected; the name of the union "Domingo Zambrano" was only mentioned in pencil; most of the lists of the union's founders showed illegible signatures), and that a new request for registration was withdrawn by the trade union's legal adviser because two of the members of the executive had handed in their resignation to the enterprise. The Committee expresses the hope that if the trade union being set up submits a new request, fulfilling the legal requirements, it will be registered without delay on the register of trade union organisations.
5. 938. As regards the alleged army and police repression, on 27 March 1992, against workers in the Empresa Nacional de Abastecimiento de Granos Básicos (ENABAS), San Isidro branch, Department of Matagalpa, which resulted in 20 persons being injured and 45 arrested, the Committee notes the Government's explanations - in particular that the police intervened on account of successive acts of violence, including the bearing of arms by workers and demonstrators, the blocking of the Pan-American Highway and the taking over of the enterprise's premises. It also notes that those detained were released soon after their arrest. In view of the fact that the Government only referred in its reply to the commencement of labour court proceedings, the Committee requests the Government to have judicial investigations carried out into the injuries that occurred (according to the complainant, 20 persons were injured - two according to the Government).
6. 939. As concerns the alleged campaign of military and police repression against the trade union leaders of the Sandinista Workers' Confederation and, in particular, the legal proceedings against Antonio Somoza Samorio, the Committee notes the Government's statement to the effect that on 1 November, workers belonging to the independent trade unions tried to pull down the barricades erected by the workers belonging to the trade union affiliated to the Sandinista Federation and to enter the "Germán Pomares Ordoñez" sugar mill. This resulted in an armed conflict and the death of one of the workers. The Committee notes that, according to the Government, Francisco Somoza is free, but it notes that the complainants allege that legal proceedings have been started against Mr. Somoza for the death of the worker in question. In these circumstances, the Committee requests the Government to inform it of the outcome of this trial.
7. 940. Furthermore, the Committee notes that the Government failed to send its observations on the complainants' allegations and new information, dated 1 June 1992, referring to the organisation, promotion and financing of pro-government trade unions, or on the police surveillance of a number of trade union officials (specifically, the trade union officials responsible for the strikes in the CEMA institution). The Committee requests the Government to reply as soon as possible to these allegations.
8. 941. Finally, the Committee observes that as regards the allegation that machinery was used to control customs administration staff, the trade union organisations have not supplied information on this issue, in spite of the request made by the Committee at its meeting in February 1992.

The Committee's recommendations

1. 942. In the light of its foregoing interim conclusions, the Committee invites the Governing Body to approve the following recommendations:
   • (a) The Committee regrets that the Government did not provide information on the acts of police violence against the strikers, that had been alleged by the complainants (strikes of July 1990: four deaths and 49 injured; 9 April 1991: seven injured; 11 April 1991: five injured; and 18 April 1991: 14 injured). It requests the Government once again to inform the Committee if it has initiated judicial investigations with a view to elucidating the murders of and injuries sustained by the workers taking part in the above-mentioned strikes.
   • (b) The Committee stresses that final decisions concerning the illegality of strikes should not be made by the Government, especially in those cases in which the Government is a party to the dispute.
   • (c) The Committee requests the Government to take the necessary steps to amend, along the lines mentioned in the conclusions, the ministerial resolution concerning the prohibition of trade union check-off, so as to bring the legislation into conformity with the practice established through collective agreements.
   • (d) The Committee expresses the hope that if the trade union "Domingo Zambrano" (being set up) within the E. Chamorro enterprise requests to be entered on the register of trade union organisations and fulfils the necessary legal requirements, that this will occur without any delay.
   • (e) The Committee requests the Government to have judicial investigations carried out into the alleged injuries that were sustained by workers on 27 March 1992 (according to the complainant, 20 persons were injured and, according to the Government, two) during the collective dispute which occurred in the Empresa Nacional de Abastecimiento de Granos Básicos (ENABAS).
   • (f) The Committee requests the Government to inform it of the outcome of the criminal proceedings instigated against the trade union official Francisco Somoza, following the events which occurred in the "Germán Pomares Ordoñez" sugar mill.
   • (g) The Committee requests the Government to send, as soon as possible, its observations on the allegation referring to the organisation, promotion and financing of pro-government trade unions, and on the police surveillance of the trade union officials responsible for the strikes in the CEMA institution.