Definitive Report - Report No 304, June 1996

Case No 1649 (Nicaragua) - Complaint date: 31-MAY-92 - Closed

Allegations: Violent death of a trade unionist, arrest of union leaders and members, non-registration of trade unions

1. 381. The Committee examined this case at its November 1995 meeting (see 300th Report, paras. 442-459, approved by the Governing Body at its 264th Session (November 1995)), at which it formulated interim conclusions.
2. 382. The Government sent partial observations in communications dated 31January and 11 March 1996.
3. 383. 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. 384. In its previous examination of the case, when it examined the alleged arrest of trade union leaders and members, the Committee urged the Government to provide information on the situation of the following persons who had been arrested (see 300th Report, paras. 445 and 459(b)): the trade union leaders Juan Ureña, Tiburcio Vilchez, Albenis Mercado and Dadryl Ostil, arrested on 10 August 1992, at the San Pablo ranch; Vicente Mendoza Jiménez, Luis Manuel Martínez Mesa, Julio David Tercero Rojas, Raúl Corea, Emilio Ferrufino González Dávila, José Ramón Rayo Rivera, Ramón Suárez, Marcos Suárez, Daniel Espinoza, Miguel Martínez Aguilar, Mario José Hernandes Silva, Leonardo Silva, Mario Ríos, Emilio Córdoba Ayala, Pedro Silva Ulloa, Pedro Silva Suazo, Rodolfo Hernández, Oscar Danilo Altamirano, Juan Ramón García, Norberto Jirón, Nicolás Díaz and Juan José Ulloa Silva, arrested at the La Alsacia ranch; Sergio Guido, the General Secretary of the trade union and three union members, arrested at the Santa María de Ostuma ranch; and the trade union leaders Ricardo Salas García, Germán Pérez Suárez, Felipe Gómez González and Luis Loaisiga López, arrested at the Los Placeres ranch.
2. 385. The Committee also urged the Government to provide information on: (i) the result of the judicial investigation into the murder of the trade unionist Mr. Gutiérrez Rayo; (ii) the charges that have been brought against the workers of the AERONICA national airline who were released on bail and any sentences handed down; (iii) whether the workers of the ENABUS enterprise mentioned by the complainants have been released or if they are still in detention, and whether any charges have been brought against them; (iv) the certificate of registration of the 27 rural unions referred to by the complainants in their initial complaint (see 300th Report, para. 459(e)).

B. The Government's reply

1. 386. In its communications dated 31 January and 11 February 1996, the Government states that: (1) the investigation into the death of trade unionist José Antonio Gutiérrez Rayo concluded that it was the result of a confrontation between rebels and the national police and that the incident had nothing to do with trade unionism; (2) the problems involving the AERONICA national airline and ENABUS have been resolved; (3) the certificates of registration of the rural unions referred to by the complainant organizations were attached to the Government's reply. Finally, the Government states that, since the allegations date back several years (1992), it is impossible for it to obtain any further information.

C. The Committee's conclusions

1. 387. The Committee notes that the allegations that were still pending or on which it had requested information relate to the death of a trade unionist and the arrest of trade union leaders and members, and to the registration of trade unions.
2. 388. Regarding the death of trade unionist Gutiérrez Rayo, the Committee notes the Government's statement that the investigation that was conducted into the matter concluded that it was the result of a confrontation between rebels and the national police and that the incident had nothing to do with trade unionism.
3. 389. With regard to the Committee's request for information on the charges that have been brought against the workers of the AERONICA national airline who were released on bail and on whether the workers of the ENABUS enterprise who had been arrested had been released, the Committee notes the Government's statement that these problems have been resolved.
4. 390. With regard to the arrest of the union leaders and members referred to by name in the San Pablo, La Alsacia, Santa María de Ostuma and Los Placeres ranches, the Committee notes that the Government has not made known concrete observations.
5. 391. The Committee cannot accept the Government's argument that, since the allegations presented date back several years (1992), it is therefore impossible for it to obtain any further information on the subject. The Committee deeply regrets the Government's incomplete replies or failure to communicate its observations ever since this case was first brought to its attention. The Committee stresses that "the arrest of trade union leaders against whom no charge is brought involves restrictions on freedom of association, and governments should adopt measures for issuing appropriate instructions to prevent the danger involved for trade union activities by such arrests. Furthermore, it is clear that such arrests create an atmosphere of intimidation and fear prejudicial to the normal development of trade union activities" (see Digest of decisions and principles of the Freedom of Association Committee, 4th edition, 1996, para. 80).
6. 392. In these circumstances, and inasmuch as the Government does not deny that the numerous union leaders and members referred to were arrested or merely states that the problems have been overcome, the Committee notes that the Government has not denied that the arrests may have been on anti-union grounds. Consequently, the Committee urges the Government to take the necessary steps to have the union leaders and members referred to released immediately, if they are still under detention. Moreover, the Committee calls on the Government to fully respect freedom of association and to take the necessary steps to protect trade union activities and to ensure in future that trade unionists, against whom no charges have been brought by a judicial body, are not detained or arrested.
7. 393. Finally, with regard to the alleged refusal of the Ministry of Labour to register 27 rural unions in the private sector, a copy of whose certificate of registration the Committee had asked the Government to send it, the Committee takes due note that the Government has now sent those certificates. Consequently the Committee considers that this matter does not call for further examination.

The Committee's recommendations

1. 394. In the light of its foregoing conclusions, the Committee invites the Governing Body to approve the following recommendations:
   • (a) Recalling that the arrest of trade union leaders against whom no charge is subsequently brought constitutes a restriction on freedom of association and that governments should adopt measures for issuing appropriate instructions to prevent the danger involved for trade union activities by such arrests, the Committee urges the Government to take steps to have the union leaders and members referred to by the complainant organizations released immediately if they are still under detention.
   • (b) The Committee calls on the Government to fully respect freedom of association and to take the necessary steps to protect trade union activities and to ensure in future that union leaders or members, against whom no charges have been brought by a judicial body, are not arrested or detained.