Effect given to the recommendations of the committee and the Governing Body - Report No 364, June 2012

Case No 2613 (Nicaragua) - Complaint date: 23-OCT-07 - Closed

Effect given to the recommendations of the Committee and the Governing Body

1. 66. The Committee last examined this case regarding dismissals and transfers of trade union officials and members at its March 2011 meeting, and on that occasion it requested the Government to: (a) keep it informed of the outcome of the judicial proceedings pertaining to the dismissal of Alvin Alaniz González, Jazmín del Sagrario Carballo Soto and Rolando Delgado Miranda, of the Nicaraguan Social Security Institute (INSS); (b) keep it informed of the outcome of the current judicial proceedings initiated by the dismissed workers of the company ENACAL Granada; and (c) keep it informed of the final outcome of the judicial action for reinstatement of the trade union official, Ricardo Francisco Arista Bolaños, against the Directorate General of Revenues (DGI), which is currently in process before the First Labour Court of the Judicial District of Managua. Likewise, the Committee once again urged the Government to take measures, including legislative measures if necessary, to ensure that in the future responsibility for declaring a strike illegal lies with an independent body that has the confidence of the parties involved [see 359th Report, paras 923–946].
2. 67. In a communication dated 17 October 2011, the Government indicates that: (1) a decision in first instance is currently pending for the judicial proceedings pertaining to the dismissal of Alvin Alaniz González, Jazmín del Sagrario Carballo Soto and Rolando Delgado Miranda, of the INSS; (2) no decision has been handed down for the judicial proceedings initiated by the dismissed workers of ENACAL Granada and the situation has not changed since the communication of 9 December 2010; and (3) a decision in first instance is pending for the judicial action for reinstatement of the trade union official, Ricardo Arista Bolaños, against the DGI, currently in process before the First Labour Court of the Judicial District of Managua.
3. 68. The Committee takes note of this information. Recalling that justice delayed is justice denied [see Digest of decisions and principles of the Freedom of Association Committee, fifth (revised) edition, 2006, para. 105], the Committee expects the judicial authorities to hand down a decision shortly with regard to all the abovementioned cases and requests the Government to keep it informed in this regard.