Interim Report - Report No 294, June 1994

Case No 1719 (Nicaragua) - Complaint date: 06-JUN-93 - Closed

1. 653. The complaint in this case is contained in a joint communication from the Sandinista Workers' Confederation (CST) and the Agricultural Workers' Association (ATC) dated 6 June 1993. The Government sent its observations in communications dated 15 and 22 February 1994.
2. 654. 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. The complainants' allegations

1. 655. In their communication of 6 June 1993, the Sandinista Workers' Confederation (CST) and the Agricultural Workers' Association (ATC), in addition to criticizing the structural adjustment programme introduced in 1991, also point out that the Government's attitude towards workers has been to engage systematically in police repression, the arrest of trade union officials, physical aggression, and the dismissal of trade union officials, while creating a widespread climate of violence.
2. 656. Specifically, the complainants allege the following violations of trade union rights:
   • - La Candelaria banana plantation (western part of the country): dismissal of 417 workers for having formed a trade union; a court ruling has ordered all dismissed workers reinstated, though this has not been carried out. The Government ordered the arrest of trade union officials, accusing them of the crime of unlawful association for criminal purposes, and has made death threats to workers.
   • - San Pablo banana plantation (western part of the country): dismissal of seven members of the trade union executive committee and 70 workers; four trade union officials were arrested and trade union members were offered bribes to desist from their trade union activities.
   • - El Relampago banana plantation (western part of country): dismissal of 60 trade union members.
   • - Alfonso Angelina banana plantation (western part of country): dismissal of 15 trade unionists, including Mrs. Mercedes Valladares Neyra of the Trade Union's Women's Secretariat.
   • - El Paraiso ranch (northern part of country): dismissal of Mr. Tránsito Torres Pérez, General Secretary of the trade union.
   • - La Florida ranch (northern part of country): dismissal of nine trade unionists; Mr. Mercedey Salmerón Arceda, a trade unionist, was murdered; and death threats were made against Mr. Isaías Jiménez and other trade union officials.
   • - La Suiza ranch (northern part of country): violent eviction of three trade unionists.
   • - Murder of the trade union official of the Agricultural Workers' Association, Mr. Félix Humberto Chavarría Olivas, on 10 January 1993.
   • - Military repression of customs workers: during a strike by customs workers, customs buildings were occupied by the police and army; after this forcible act was declared illegal, 60 trade union officials were arrested. The complainants also allege that attempts have been made to bribe workers to return to their work, and that strike breakers have been hired. On 29 May 1993 the police and army ejected strikers from the customs buildings at Penas Blancas and Guasaule, beating 13 workers and firing at trade union officials. On 10 June 1993 the police fired at strikers at the Penas Blancas customshouse, wounding three workers.
   • - National Development Bank (BANADES): dismissal of 533 workers in the BANADES National Workers' Union (the dismissals took place in Managua and at branch offices in Siuna, Puerto Cabezas, Bluefields, San Carlos and San Miguelito). A campaign of harassment and repression is being waged against the three main officials of the trade union (Mr. Juan Vásquez, Mr. Pedro Turcios and Mr. Efrén Sánchez), with police persecution of Mr. Juan Vásquez.
   • - Public administration: a drastic budget cut has been ordered; consequently, social security contributions specified in collective bargaining agreements have been frozen and workers, mainly those affiliated with the National Employees' Union have been dismissed.
   • - National Union of Education Workers - National Association of Teachers (ANDEN): Mr. Quintana, ANDEN General Secretary , was expelled from the National Council of Education; trade union officials and members of ANDEN were dismissed (a total of 53, whose names are given by the complainants).
   • - San Antonio sugar mill (western part of country): after a strike was called, on 3 March 1993 the army and police attacked strikers, injuring the following workers: Sergio Silva Gonzales, Francisco Balmaceda, Cruz Medina, Milton Lezama, and Mario Guzmán; Mr. Francisco Picado Meza was killed when the sugar cane field in which he was hiding was set on fire by shots fired from an army helicopter.
   • - Amerrisque abattoir (Juigalpa area): dismissal of 140 workers belonging to the trade union, including every member of the executive committee; with consent of the Minister of Labour, a court decree ordering the reinstatement of the dismissed workers was ignored.
   • - Enterprises in the industrial free zone (north-east of Managua), such as Fortex, Velcas Internacional, Neptuno and others: impossibility of signing collective agreements and forming trade unions.
   • - Penwalt enterprise: as a protest against the serious contamination suffered by workers who handle chemicals, 44 workers went on a hunger strike in front of the headquarters of the Central American Bank for Economic Integration. On 20 May 1993, the strikers were violently ejected by the police.

B. The Government's reply

1. 657. In its communications of 15 and 22 February 1994, the Government makes the following observations on the allegations presented by the complainants:
   • - La Candelaria plantation: in May 1992, the Departmental Labour Inspectorate of the city of Chinandega received 54 letters of dismissal involving the same number of workers, sent by the employer, the La Candelaria plantation, citing as just cause the provisions of article 119, paragraphs 1 and 2 of the Labour Code. After a number of administrative and legal proceedings, the Court of Appeals for the Second Region, Civil and Labour Division, decided to modify the provisions and ordered the reinstatement of the trade union executive committee, as well as payment of their social security contributions; as for the remaining workers, in addition to the payment of their social security contributions, it ordered payment of the compensation provided for in the collective agreement. As things currently stand, the decision is being implemented. The Government also states that investigations undertaken by the Civil Inspectorate for Occupational Affairs determined that on 26 April 1992, workers seized the La Candelaria plantation, committing acts of violence and damaging property. Consequently, charges were filed at the First District Criminal Court of the city of Chinandega for the crime of property damage, illegal association for criminal purposes, jeopardizing personal safety, and aggravated robbery of personal property against Felipe Osejo, Medardo Ríos, Emiliano Hernández, Claudio Blandino, Pablo Castillo, Antonio Hernández, Ramón Solano Silva, Abraham Cerda, Julio Rocha and Angela Zúniga. Evidence of these facts has been presented to the court, which has not yet handed down a verdict.
   • - San Pablo plantation: the employer did carry out massive dismissals on 28 August 1993, which included members of the trade union executive committee. However, these persons reported to the Departmental Inspectorate of Labour of the city of Chinandega that they had been dismissed on 7 October 1993, and requested that all members of the executive committee of the Ignacio Garcia Vargas trade union as well as all workers who were dismissed, be reinstated. Following various proceedings involving the Labour Inspectorate, the case is presently under appeal.
   • - El Relampago plantation: the claim is based on the dismissal of 60 workers belonging to the trade union in July 1992. The Second District Court of Civil and Labour Affairs of the city of Chinandega has ordered that 58 workers be reinstated.
   • - Alfonso Angelina plantation: The Chinandega Departmental Inspectorate denied the request by Mrs. Valladares Neyra, finding it without ground since witnesses testified that she was a temporary worker.
   • - El Paraiso ranch: although the Government points out that a reply was given to this allegation in connection with Case No. 1649, the allegations in this case are new.
   • - La Florida ranch: as regards the dismissals, no claim has been submitted to the regional office of the Ministry of Labour. As regards the death of Mr. Salmerón Arceda, the national police inquiry, as well as statements from workers at the ranch, make it clear that he was murdered as a result of a personal quarrel with a former retired worker which eventually resulted in the use of firearms. This matter has absolutely nothing to do with labour or trade union affairs, as it was simply a common crime.
   • - La Suiza ranch: the eviction alleged by the complainants resulted from a claim for return of property filed by Mrs. Concepción Morales de Correa at the district civil court against Esthela Rodríguez, Antonieta Martínez Zamora, Josefa Pérez García, Reyna Barrera García and Bertha Castro. The court granted the request for returning the property, ordering the occupants to return it to its owner, Mrs. Morales. This case concerns problems of land ownership and has absolutely nothing to do with labour or trade union affairs.
   • - Murder of trade union official Mr. Felix Humberto Chavarría Olivas: court authorities in Matagalpa have stated that his murder was a common crime stemming from personal problems between businessmen, and that investigations showed no evidence whatsoever that the motives were related to labour or trade union matters.
   • - Military repression of customs workers affiliated to the trade union: the customs workers strike was declared illegal for having failed to comply with provisions of sections 224, 222, and 223 of the Labour Code. Strikers committed a series of criminal acts in that they used violence and firearms to seize the customs buildings, blocking free access by their colleagues who were not in agreement with the strike and wanted to exercise their legitimate right to work, and attacked border customshouses, seriously wounding two policemen and one customs worker. In their zeal to pit workers against customs authorities and accentuate their differences, they forged documents, producing a list of dismissals supposedly signed by the Assistant to the General Director of Customs and with the seal of the Ministry of Finance, with the above signature and seal superimposed, a deed classified as a crime by our civil and penal legislation.
   • - Massive dismissals at the National Development Bank: no complaints concerning massive dismissals at the National Development Bank (BANADES) were lodged with the Ministry of Labour or the courts. Bank authorities state that on the date referred to by the complainants, BANADES offered its personnel a staff reduction plan due to overstaffing. The plan was completely voluntary and offered an average compensation that was 900 per cent greater than the entitlement under law. Thus expectant mothers were paid for the remaining time of their pregnancy and maternity leave; workers with the most seniority were given two months' pay for every five years of service, in addition to the above compensation. Trade union officials attempted to oppose the reduction plan, but the members would not allow it as 800 voluntary requests had been made despite the fact that BANADES was only asking for 410.
   • - Public administration: the Government denies that social security contributions provided for in collective agreements were frozen, pointing out that not only were collective agreements in force on the date of the complaint complied with, but that new agreements have been signed since that time. In accordance with records of the Office of Conciliation of the Ministry of Labour, 57 collective agreements were signed in 1993, of which 27 (47 per cent) were in the private sector and 29 (51 per cent) in the public sector. The trade union confederations that played major roles in negotiating collective agreements were the Sandinista Workers' Confederation (CTC), the Nicaraguan Workers' Confederation (CTN), the Nicaraguan Independent Workers' Confederation (CTNA), the Unified Trade Union Confederation (CUS), two unions without a confederation, plus various confederations that participated as a group. The CST was party to the greatest number of agreements signed. In addition, as regards allegations concerning the dismissal of other civil servants, including members of trade unions affiliated with the National Employees' Union, the complainants provide no names, worksites or positions; the Government is therefore unable to communicate its observations.
   • - National Union of Education Workers - National Association of Teachers (ANDEN): (a) expulsion of the ANDEN General Secretary, Mr. Mario Quintana, from the National Education Council, pursuant to a ministerial resolution from the Ministry of Education: ANDEN has filed an appeal with the Supreme Court of Justice, which has not yet ruled on the case; and (b) the arbitrary, unilateral dismissal of the leading ANDEN activists, who were working as teachers and educators: The Government states that two of them were not dismissed and continue to carry out their duties; two have been reinstated; one was dismissed as part of a restructuring plan; two agreed to a retraining plan; two were transferred under restructuring, which they did not accept but have made no appeal to the courts; three were dismissed for having been accomplices to the persons who seized an education office; two were dismissed for having seized the office and kidnapped its chief; one was dismissed for the crime of slander; two who were political appointees were dismissed; and one has died. As regards the following workers, the Government states that the courts have either denied their claims or not yet ruled on them, or else they have been guilty of unethical conduct: Francisco González, Jorge Aguilar Aguilera, Martha Altamirano Vega, Jazmina Novoa Ruíz, Ana Julia Castillo, Laura Bermudez Robleto, Nury Vanegas, Jaime Castilla Vílchez, Marina Liliana Duarte Cruz, Aminta Morales Videa, Ruth Espinoza Ordóñez, Melba Luz Aguilera, Martha Teófila Valladares Martínez, Isaura Chavarría Salgado, Brenda López Calderón, Mirna Blandón Gadea, Martha Rivera Blandón, Socorro Palacios Castro, René Hernández Valle, Denis Martínez Ruíz and Claudia Castillo Lechado. The Government also points out that it has not yet received information concerning the two teachers, Mrs. Felicitas Corrales and Mrs. Ana María Zavala.
2. 658. As regards the allegations concerning the San Antonio sugar mill, the Government states that the events of 3 March 1993 constituted an illegal strike accompanied by acts of violence by a group of workers at the San Antonio sugar mill, and that strikers attacked the national police, wounding one policeman and the striker Sergio David Silva González. A group of approximately 70 strikers subsequently assembled in front of the hospital in order to hinder the treatment of the wounded policeman while confronting the police. Owing to this action, 63 persons were arrested, of whom 14 were eventually released. As the final outcome to the events, the burned body of Francisco Picado was found in the ditch set on fire by the strikers; the cause of death has not yet been determined. Among the injured were Sergio Silva, a trade unionist, and two other unidentified persons. The remaining 49 arrested persons were brought before the First District Criminal Court where they presented a declaration. The national police are considered to have acted in accordance with provisions of section 1 of the Act concerning national police duties as regards legal assistance. Following negotiations, the 49 trade unionists were released and resumed their normal duties at the San Antonio sugar mill, bringing this incident to a close.
3. 659. As regards the alleged dismissals at the Amerrisque abattoir, the Government points out that on 2 June 1992 management of the abattoir requested that the strike called by officials of the Luis Felipe Acosta trade union be declared illegal. The labour inspector visited the Amerrisque abattoir to investigate the strike; he noted that it had begun on 1 June 1992 for the purpose of obtaining the reinstatement of three dismissed workers, and to obtain titles of ownership and wage increases of up to 50 per cent, and that it was an indefinite strike, meant to last until management of the abattoir accepted the workers' demands.
4. 660. Having determined that 35 of the 93 signatures affixed to the list of demands were false, that six signatures pertained to workers who had retired, five pertained to former workers at the abattoir, and that the number of workers at the enterprise totalled 339, of whom 325 were permanent and 14 temporary, the General Labour Inspectorate issued a resolution declaring the strike called by the Luis Felipe Acosta trade union illegal, considering that the demands were submitted one day after a group of workers had decided to call a strike, in violation of the provisions of sections 302 and following of the Labour Code. This resolution authorized the enterprise to apply section 229, 239 and 240 of the Labour Code, which state that in the event of an illegal strike, employment contracts signed with strikers shall be terminated at no liability to the employer, who shall be exempt from penalties of any nature which may be levied on strikers for their infringements of the law; that whenever a strike is declared illegal, police authorities shall be ordered to use any means at their disposal to ensure that work will continue; and that if the matter concerns public services in private hands, the Executive Branch may assume control for this same purpose. The law also provides that even though the strike may lead to an agreement between parties, any person who may have committed crimes or misdeeds in connection with the strike may be held liable for such acts. Based on this resolution, on 8 June 1992 authorities at the Amerrisque abattoir provided the Departmental Labour Inspectorate of Chontales with a list of persons whose employment contract had been terminated as a result of the strike having been declared illegal.
5. 661. On 9 June 1992 the trade union filed an appeal of the resolution with the General Labour Inspectorate; the appellant party was informed that it should submit a list of its grievances to the General Labour Office within 24 hours. This Office subsequently upheld the resolution by the General Labour Inspectorate in toto, considering that both management and the trade union at the Amerrisque abattoir had signed a collective agreement on 6 May 1992; in other words, although less than a month had passed since the signing of the agreement, which was valid for one year, the trade union had called a strike; moreover, 118 of the 208 signatures affixed to the list of demands had been falsified; the provisions of sections 302 and following of the Labour Code had been violated; and the General Inspectorate had acted in accordance with the law. Trade union officials then filed an appeal with the 5th Regional Court of Appeals, which has not yet rendered its decision.
6. 662. As regards the allegations relative to the free zone and the above-mentioned enterprises, the Government has provided information that does not specifically respond to the allegations.
7. 663. Lastly, as regards the allegation concerning the Penwalt enterprise, the Government states that the Ministry of Labour was not a party in this case, owing to the fact that from the beginning the complainant workers resorted to the judiciary by filing a claim with the Second Labour Court. In a decision of 8 March 1993, this Court ruled that the claims filed by the 44 workers at the enterprise were without ground. These workers then appealed before the same authority in order to have the case reviewed by the 3rd Regional Court of Appeals in Managua, which has not yet rendered its decision.

C. The Committee's conclusions

1. 664. The Committee notes that the allegations concern the murder, arrest and other acts of violence against trade union officials and unionists, anti-trade union dismissals and other infringements of trade union rights at various enterprises.
2. 665. As regards the allegations concerning the murder of trade union officials, the Committee takes note of the Government's statement that an investigation concluded that Mr. Mercedey Salmerón Arceda (La Florida ranch) was murdered by a former worker at the ranch as a result of a personal quarrel, and that a judiciary investigation found that Mr. Felix Humberto Chavarría Olivas (ATC trade union official) was murdered as a result of personal problems among businessmen. In these circumstances, noting that the Government views these events as unrelated to trade union matters and that the complainants have not provided details as regards the anti-trade union nature of these events, the Committee considers that this aspect of the case does not call for further examination.
3. 666. The Committee takes note of the observations submitted by the Government concerning the allegations relative to acts of violence, to wit:
   • - As regards the violent eviction of three trade unionists at the La Suiza ranch, the Committee takes note that the workers were evicted as the result of a legal claim for return of property filed by the owner of the ranch, which was granted, and that this case is therefore completely unrelated to labour or trade union affairs.
   • - As regards the alleged orders to arrest two trade union officials at the La Candelaria plantation, the Committee takes note that the workers employed violence in damaging property and occupied the plantation on 26 April 1992, and that the owners of the plantation have filed a claim in criminal court against ten workers, charging them with the crime of property damage, illegal association for criminal purposes, jeopardizing personal safety and robbery, and that the judgement is still pending.
4. 667. In these circumstances, noting that the Government views these alleged events as unrelated to trade union issues or as abuses of trade union rights, the Committee trusts that the judicial investigations will conclude quickly and that the guilty parties will be punished.
5. 668. As regards the allegations concerning the events which took place at the Customshouses, following the declaration of the strike as illegal (physical aggression against 13 customs workers, leading to the injury of three trade unionists at the Penas Blancas customshouse and the arrest of 60 customs trade union officials), the Committee takes note of the Government's statement that the strike had been declared illegal for failure to comply with provisions of the Labour Code, and that strikers committed a series of crimes (attacking border stations with firearms, resulting in the wounding of two policemen and one customs worker; using violence to occupy customs facilities; blocking the access of workers who wanted to go to work). It also takes note that documents were forged in order to pit workers against customs authorities, namely a list of dismissed workers bearing the forged signature of the assistant to the General Director of Customs. In addition, concerning acts of violence committed at the San Antonio sugar mill, and as a consequence of a confrontation between strikers, the police and army (leading to the murder of Mr. Francisco Picado Meza, and injuries to Mr. Sergio Silva Gonzales, Mr. Francisco Balmaceda, Mr. Cruz Medina, Mr. Milton Lezama and Mr. Mario Guzmán), the Committee notes that such acts of violence were due to the fact that striking workers at the enterprise attacked the police, and that as a consequence of these confrontations four workers and one policeman were injured, while the reasons for the death of Mr. Francisco Picado Meza have not been determined. As regards these allegations, the Committee observes that strikers resorted to violence, committing criminal acts. In these circumstances, the Committee recalls that the principles of trade union freedom do not protect abuses consisting of criminal acts while exercising the right to strike.
6. 669. The Committee also notes that the Government has not communicated its observations concerning the following allegations: the death threats against workers in the trade union at the La Candelaria ranch, and against Mr. Isaías Jiménez and other trade union officials at the La Florida ranch; the harassment and repression of trade union officials Mr. Pedro Turcios, Efrén Sánchez and Juan Vásquez at the National Development Bank, as well as police persecution of Mr. Vásquez; and the violent eviction of 44 workers at the Penwalt enterprise who had gone on a hunger strike at the Central American Bank For Economic Integration (the Government has sent observations concerning the grounds for their claims, but not as regards the violent eviction). The Committee requests the Government to send its observations on these matters as soon as possible. Generally speaking, as regards all these allegations of murder, death threats, physical aggression, police persecution and arrest of trade union officials and unionists, the Committee deeply deplores the numerous acts of violence, and expresses its concern while observing that they have been directed against a large number of trade union officials and unionists. It draws the Government's attention to the fact that trade union rights can only be exercised in a climate that is free from violence, pressure or threats of any kind against trade unionists, and that it is for governments to ensure that this principle is respected (see Digest of decisions and principles of the Freedom of Association Committee, 1985, 3rd edition, para. 70).
7. 670. As regards the alleged dismissal of 417 workers for having formed a trade union at the La Candelaria banana plantation, the Committee takes note of the Government's statement that the Court of Appeals has ordered the reinstatement of the trade union executive committee and payment of their social security contributions, and for the remaining dismissed workers the payment of compensation as provided for in the collective agreement, as well as payment of social security contributions. In this sense, the Committee wishes to draw attention to the principle which states that when in practice national legislation allows employers to dismiss employees because of their membership in a trade union or because they engage in trade union activities, provided they pay compensation fixed by law in every case of arbitrary dismissal, there is inadequate protection against acts of anti-trade union discrimination as referred to in Convention No. 98. The Committee therefore requests the Government to take measures to modify the legislation which will ensure adequate protection against acts of anti-trade union discrimination.
8. 671. As regards the dismissal of some 60 unionized workers at the El Relampago plantation, the Committee takes note that the courts have ordered 58 of them to be reinstated.
9. 672. As regards the alleged dismissal of 77 workers at the San Pablo banana plantation, including seven members of the trade union executive committee, the Committee takes note of the Government's statement that the dismissed workers had lodged an appeal against this administrative decision. The Committee once again observes that a very large number of trade union officials and members were dismissed and requests the Government to inform it as to the results of the appeal. The Committee recalls that an excessive delay in processing cases of anti-trade union discrimination is tantamount to a denial of due process.
10. 673. As regards the alleged dismissal of workers in the National Employees' Union, the Committee notes the Government's statement that it cannot communicate its observations in this respect unless the names are provided, as well as the worksites and positions occupied by the persons dismissed. The Committee invites the complainant organizations to provide specific information concerning these allegations.
11. 674. As regards the alleged dismissal of 533 workers of the National Workers' Trade Union at the National Development Bank, the Committee takes note of the Government's statement that the bank offered its staff a totally voluntary staff reduction plan with generous compensation (900 per cent higher than that provided for by law), and that 800 workers signed up for the plan even though only 410 could be accommodated, despite the trade union's opposition to the plan. The Committee, however, reiterates the importance of consulting trade union organizations concerning every staff reduction plan.
12. 675. As regards the allegation concerning which the Fortex, Velcas International, Neptuno and other enterprises in the industrial free zone in the north-east section of the city of Managua offer no opportunity to sign collective agreements and constitute trade unions, the Committee observes that the Government has not specifically replied to these allegations. In these circumstances, the Committee requests the Government to take measures to guarantee the right of workers in the free zones to constitute organizations of their choosing and to engage freely in collective bargaining and to keep the Committee informed in this respect.
13. 676. As regards the alleged dismissal of 53 trade union officials and trade unionists in the Trade Union of Teachers of the National Union of Education Workers - National Association of Teachers (ANDEN), as a result of their trade union activities, the Committee takes note of the Government's statement that two were not dismissed and continue to carry out their duties, two have been reinstated, one was dismissed as part of a restructuring plan, two agreed to a retraining plan, two were transferred owing to restructuring, to which they objected but have made no appeal to the courts, three were dismissed for having conspired with persons who seized an education office, two were dismissed for having seized the office and kidnapped its chief, one was dismissed for slander, two political appointees were dismissed, one has died, and information is still being sought for two others. The Committee requests the Government to inform it as to the specific reasons for the dismissal of the following workers, regarding whom the Government has merely stated that the courts have denied their claims or have not yet ruled on them, or else they have been guilty of unethical conduct: Francisco González, Jorge Aguilar Aguilera, Martha Altamirano Vega, Jazmina Novoa Ruíz, Ana Julia Castillo, Laura Bermúdez Robleto, Nury Vanegas, Jaime Castilla Vílchez, Marina Liliana Duarte Cruz, Aminta Morales Videa, Ruth Espinoza Ordóñez, Melba Luz Aguilera, Martha Teófila Valladares Martínez, Isaura Chavarría Salgado, Brenda López Calderón, Mirna Blandón Gadea, Martha Rivera Blandón, Socorro Palacios Castro, René Hernández Valle, Denis Martínez Ruíz and Claudia Castillo Lechado. The Committee also requests the Government to communicate its observations concerning workers to whom no reference has been made: Felicita Corrales, Ana María Zavala, Idalia Mendoza Sanarruza, Reynaldo Alvarez, Walter Cabrera, Luz Delia Carvajal, Norman García and Miriam Olivas Ardón. The Committee also requests the Government to keep it informed of all legal proceedings currently under way in this connection.
14. 677. The Committee also notes that the Government has not sent sufficient information concerning the following dismissals: (1) at the Alfonso Angelina plantation (15 trade unionists); (2) at the El Paraiso ranch (general secretary of the Tránsito Torres Pérez trade union); and (3) the La Florida ranch (nine trade unionists). In these circumstances, the Committee requests the Government to provide the specific reasons for these dismissals so that it can issue an opinion in this respect.
15. 678. As regards the allegation that 140 unionized workers were dismissed at the Amerrisque abattoir, including every member of the executive committee, and that a court decision ordering the reinstatement of the dismissed workers was ignored, the Committee takes note of the Government's statement that following an inquiry, the General Labour Inspectorate confirmed that 46 of the 93 signatures on the list of demands were false, that the total number of workers is 339, that the strike called by the trade union was consequently declared illegal, and that the enterprise was authorized to terminate the contracts signed with the strikers. The Committee also notes that this matter has been submitted to the Court of Appeals. The Committee wishes to draw the Government's attention to the fact that the massive dismissal of strikers poses a serious risk of abuse and undermines freedom of association. Competent authorities should be given appropriate instructions so as to obviate the dangers to freedom of association that such dismissals involve (see Digest, op. cit., para. 442). The Committee regrets these massive dismissals for having taken part in a strike, and requests the Government to inform it of the decision reached by the Court of Appeals.
16. 679. Generally speaking, as regards the many alleged anti-trade union dismissals in various enterprises and in view of the fact that these dismissals affect a large number of trade union officials and trade unionists, the Committee reminds the Government that no one should be the target of anti-trade union discrimination for having engaged in legitimate trade union activities, and that "protection against acts of anti-union discrimination should cover not only hiring and dismissal but also any discriminatory measures during employment, in particular transfers, downgrading and other acts that are prejudicial to the worker" (see Digest, op. cit., para. 544).
17. 680. As regards the allegation that the general secretary of the Trade Union of Teachers of the National Union of Education Workers - National Association of Teachers (ANDEN) was expelled, the Committee notes that an appeal has been filed with the Supreme Court of Justice and that a decision has not yet been rendered. In these circumstances, the Committee requests the Government to keep it informed concerning the decision by the Supreme Court.
18. 681. Lastly, as regards the allegations of a freeze of social security contributions in public administration collective agreements, the Committee observes that the Government denies these allegations, stating that not only have the collective agreements been complied with, but also that 27 new agreements in the public sector were signed in 1993.

The Committee's recommendations

1. 682. In the light of its foregoing interim conclusions, the Committee invites the Governing Body to approve the following recommendations:
   • (a) Deeply deploring the acts of violence which occurred at the La Suiza ranch and the La Candelaria plantation, and drawing the Government's attention to the fact that trade union rights can only be exercised in a climate that is free from violence, pressure or threats of any kind, the Committee trusts that the judiciary investigations will conclude quickly and that the guilty parties will be punished.
   • (b) The Committee requests the Government to communicate its observations concerning the following allegations as soon as possible: the alleged death threats against unionized workers at the La Candelaria plantation and against Mr. Isaías Jiménez and the other trade union officials at the La Florida ranch; the harassment and repression of trade union officials Pedro Turcios, Efrén Sánchez and Juan Vásquez of the National Development Bank, as well as the police persecution of the latter official; and the violent eviction of 44 workers at the Penwalt enterprise who had gone on a hunger strike at the headquarters of the Central American Bank for Economic Integration.
   • (c) The Committee requests the Government to inform it as to the results of the appeals filed by dismissed workers at the San Pablo plantation and the Amerrisque abattoir. The Committee also requests the Government to inform it of the decision handed down by the Supreme Court of Justice concerning the expulsion of the General Secretary of the National Union of Education Workers - National Association of Teachers (ANDEN) from the National Education Council.
   • (d) The Committee requests the Government to point out the specific reasons for the dismissals at the Alfonso Angelina plantation, the El Paraiso ranch and the La Florida ranch, so that it can issue an opinion in this respect.
   • (e) The Committee requests the Government to take measures to modify legislation which will ensure adequate protection against acts of anti-trade union discrimination.
   • (f) The Committee requests the Government to take measures to guarantee the right of workers in the free zones to constitute organizations of their choosing and to engage freely in collective bargaining and to keep the Committee informed in this respect.
   • (g) The Committee invites the complainant organizations to provide specific information concerning the alleged dismissals of workers affiliated with the National Employees' Union.