Interim Report - Report No 300, November 1995

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

Allegations: Death of a trade union leader, arrest of trade unionists and break-ins at trade union premises and the residences of trade union leaders, anti-union discrimination

1. 442. The Committee examined this case and at its June 1994 meeting (see 294th Report, paras. 626-652, approved by the Governing Body at its 260th Session (June 1994)) in which it formulated interim conclusions.
2. 443. Due to the absence of information from the Government regarding the allegations, the Committee has twice had to postpone its examination of this case. At its June 1995 meeting, the Committee drew the Government's attention to the fact that, in accordance with the procedural rules set out in paragraph 17 of its 127th Report, approved by the Governing Body at its 184th Session (November 1971), it would present a report on the substance of this case at its next meeting, even if the observations or information requested had not been received in due time (see 299th Report, approved by the Governing Body at its 263rd Session (June 1995), para. 8). To date, the Government has still not sent its observations.
3. 444. Nicaragua has ratified both the Freedom of Association and Protection of the Right to Organize Convention, 1948 (No. 87) and the Right to Organize and Collective Bargaining Convention, 1949 (No. 98).

A. Previous examination of the case

1. 445. In the previous examination of the case by the Committee, at its June 1994 meeting (see 294th Report, para. 652), the following allegations concerning the arrest of trade unionists and break-ins at trade union premises and the residences of trade unionists and trade union leaders remained pending: the arrest of the trade union leaders Juan Ureña, Tiburcio Vilchez, Albenis Mercado and Dadryl Ostil on 10 August 1992 at the San Pablo ranch; the suppression and subsequent imprisonment of 22 workers at the La Alsacia ranch (Vicente Mendoz 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); the arrests at the Santa María de Ostuma ranch (Sergio Guido, the General Secretary of the trade union and three union members) and at the Los Placeres ranch (Ricardo Salas García, Germán Pérez Suárez, Felipe Gómez González and Luis Loaisiga López, all trade union leaders); the break-in at the trade union premises at the La Candelaria ranch by the ranch's owner and his bodyguards, and the confiscation of documents; and the break-in at the residence of the ATC trade union leader, Mrs. Ramona Castellón.
2. 446. The Government was requested to send its observations on the alleged anti-union dismissals at the La Luz ranch (18 trade unionists); the La Queserita ranch (three trade union leaders); the El Olocotón ranch (three trade union leaders); the La Cruz ranch (two trade union leaders); the El Bálsamo, Imperio, Roma, Holanda and San Miguel farms (75 workers, including 20 trade union leaders); the Los Millonarios ranch (204 workers); the Santa Celia ranch (six ATC members); the Montpellier ranch (11 union members); the La Rondalla ranch (16 union members) and the El Quetzal ranch (six union members); and the dismissal of the trade union leader Julián Martínez from the La Candelaria ranch.
3. 447. Lastly, the Committee requested the Government to keep it informed about the investigation into the death of the trade unionist Mr. Gutiérrez Rayo, to indicate which charges have been filed against the workers of the AERONICA national airline who were released on bail, communicating any sentences handed down, to indicate whether the workers of the ENABUS enterprise (Gerónimo Blandon Leiva, Richard Wellcome, José Corrales, Luis Sánchez Duarte, José Hidalgo, Sergio Rocha, Silvio Jarquin and Guillermo Urbina), who were arrested by the police, have been released or are still in detention, and whether any charges were brought against them; and to provide the certificate of registration of the 27 rural unions referred to by the complainants in their initial complaint.
4. 448. In addition, the Committee invited the complainant organizations to transmit the information requested by the Government relating to the alleged arrest of two trade unionists (Félix Castillo Castro and José Dolores Castillo Zeledón) at the Wapinol Cooperative, in order for the Government to reply to these allegations.

B. The Committee's conclusions

1. 449. First, the Committee deeply deplores the fact that the Government has not sent the requested information or observations concerning the numerous serious allegations that remained pending, despite the time elapsed since the presentation of the complaint and despite the request made for the Government to formulate its comments and observations on a number of occasions, including through an urgent appeal.
2. 450. In these circumstances, and in accordance with the applicable procedural rule (see 127th Report, para. 17, approved by the Governing Body at its 184th Session (November 1971)), the Committee is obliged to present a report on the substance of this case without being able to take into account the information it was waiting to receive from the Government.
3. 451. The Committee reminds the Government that the purpose of the whole procedure is to promote respect for trade union rights in law and in fact, and the Committee is confident that, if this procedure protects governments against unreasonable accusations, governments for their part will recognize the importance for the protection of their own good name of formulating for objective examination detailed factual replies relating to the substance of allegations made against them (see First Report, para. 31, approved by the Governing Body in March 1952).
4. 452. The Committee notes that the allegations that remained pending from its examination of the case in June 1994 are grave and refer to the death of a trade union leader, to acts of violence, arrests and break-ins at trade union premises and the residences of trade unionists and trade union leaders and to anti-union dismissals from various enterprises, as well as the question of the effective registration of rural organizations.
5. 453. As a general remark, the Committee wishes to point out to the Government that "freedom of association can only be exercised in conditions in which fundamental human rights, and in particular those relating to human life and personal safety, are fully respected and guaranteed" (see 233rd Report, Case No. 1233 (El Salvador), para. 682, and 238th Report, Cases Nos. 1199 (Peru), para. 267, and 1262 (Guatemala), para. 280).
6. 454. As regards the allegations concerning arrests, the Committee notes that the pending allegations relate to: (1) the arrest on 10 August 1992 at the San Pablo ranch of the trade union leaders mentioned by the complainants; (2) the imprisonment of 22 workers of the La Alsacia ranch mentioned by the complainants; and (3) the arrests that took place at the Santa María de Ostuma and the Los Placeres ranches. In this respect, the Committee draws the Government's attention to the fact that "the detention of trade unionists on the grounds of trade union activities constitutes a serious obstacle to the exercise of trade union rights and an infringement of freedom of association" (see 281st Report, Case No. 1524 (El Salvador), para. 290), and urges the Government to inform it on the situation of these persons and of any charges brought against them.
7. 455. With respect to the allegations concerning the break-in at the residence of the ATC trade union leader, Mrs. Ramona Castellón, and the break-in at the trade union premises at the La Candelaria ranch by the ranch's owner and his bodyguards and the confiscation of documents, the Committee calls the Government's attention to the fact that "it is stated in the resolution on trade union rights and their relation to civil liberties, adopted by the International Labour Conference at its 54th Session (1970), that the right to adequate protection of trade union property is one of those civil liberties which are essential for the normal exercise of trade union rights" (see Digest of decisions and principles of the Freedom of Association Committee, 3rd edition, 1985, para. 204) and stresses that "any search of trade union premises, or of unionists' homes, without a court order, constitutes an extremely serious infringement of freedom of association" (see 286th Report, Cases Nos. 1273, 1441, 1494 and 1524 (El Salvador), para. 342, and 295th Report, Case No. 1764 (Russian Federation), para. 476). In these circumstances, deploring the alleged break-ins, the Committee urges the Government to take the necessary measures to return the documents confiscated during the break-in at the trade union headquarters at the La Calendaria ranch and to take the necessary steps to ensure that this sort of incident does not happen again.
8. 456. With respect to the allegations concerning the numerous anti-union dismissals at various ranches and farms in the country, the Committee notes that the allegations pending refer to dismissals at the La Luz ranch (18 trade unionists); the La Queserita ranch (three trade union leaders); the El Olocotón ranch (three trade union leaders); the La Cruz ranch (two trade union leaders); the El Bálsamo, Imperio, Roma, Holanda and San Miguel farms (75 workers, including 20 trade union leaders); the Los Millonarios ranch (204 workers); the Santa Celia ranch (six ATC members); the Montpellier ranch (11 union members); the La Rondalla ranch (16 union members); and the El Quetzal ranch (six union members); and to the dismissal of the trade union leader Julián Martínez (La Calendaria ranch). In this connection, the Committee wishes to remind the Government that "the dismissal of workers on grounds of membership of an organization or trade union activities violates the principles of freedom of association" (see 281st Report, Case No. 1510 (Paraguay), para. 94). In these circumstances, the Committee urges the Government immediately to take the necessary steps for an independent inquiry to be carried out into the alleged dismissals and for the reinstatement in their jobs of all those workers who were dismissed as a result of the exercise of their legitimate trade union activities.
9. 457. With regard to the alleged arrest of the trade unionists Félix Castillo Castro and José Dolores Castillo Zeledón at the Wapinol Cooperative, the Committee notes with regret that the complainant organizations have not responded to the Committee's request to inform it of the dates and grounds of their arrest.
10. 458. Lastly, the Committee repeats its request for 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 referred to by the complainants have been released or if they are still in detention, and whether any charges have been brought against them; and (iv) the certificate of registration of the 27 rural unions mentioned by the complainants in their initial complaint.

The Committee's recommendations

1. 459. In the light of its foregoing interim conclusions, the Committee invites the Governing Body to approve the following recommendations:
   • (a) The Committee deeply regrets that despite the time which elapsed since the presentation of the complaint and despite the urgent appeal which was made, the Government has not presented its comments or observations on many of the allegations.
   • (b) Recalling that freedom of association can only be exercised in conditions in which fundamental human rights, and in particular those relating to human life and personal safety, are fully respected and guaranteed, and that the detention of trade unionists on the grounds of trade union activities constitutes a serious obstacle to the exercise of trade union rights and an infringement of freedom of association, the Committee urges the Government once again to provide information on the situation of the arrested trade unionists referred to by the complainant organizations, and of any charges brought against them.
   • (c) Deploring the alleged break-ins, to which the Government has not replied, the Committee urges the Government to take the necessary measures to return the documents confiscated during the break-in of the headquarters of the trade union at the La Candelaria ranch and to take the necessary steps to ensure that such an incident does not happen again.
   • (d) Reminding the Government that the dismissal of workers on grounds of membership of an organization or trade union activities violates the principles of freedom of association, the Committee urges the Government to take the necessary steps immediately for an independent investigation to be carried out into the alleged dismissals and to reinstate in their jobs all those workers who were dismissed as a result of the exercise of their legitimate trade union activities.
   • (e) The Committee urges once again 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.