Informe provisional - Informe núm. 233, Marzo 1984

Caso núm. 1185 (Nicaragua) - Fecha de presentación de la queja:: 02-MAR-83 - Cerrado

COMPLAINTS PRESENTED BY THE INTERNATIONAL ORGANISATION OF EMPLOYERS, THE LATIN AMERICAN CENTRAL OF WORKERS, THE WORLD CONFEDERATION OF LABOUR, THE INTERNATIONAL CONFEDERATION OF FREE TRADE UNIONS, THE DISPUTES SECRETARY OF THE TRADE UNION OF DOCKERS, EMPLOYEES AND OFFICE STAFF OF CORINTO DOCKS, AND THE CENTRAL OF NICARAGUAN WORKERS AGAINST THE GOVERNMENT OF NICARAGUA

• COMPLAINTS PRESENTED BY THE INTERNATIONAL ORGANISATION OF EMPLOYERS, THE LATIN AMERICAN CENTRAL OF WORKERS, THE WORLD CONFEDERATION OF LABOUR, THE INTERNATIONAL CONFEDERATION OF FREE TRADE UNIONS, THE DISPUTES SECRETARY OF THE TRADE UNION OF DOCKERS, EMPLOYEES AND OFFICE STAFF OF CORINTO DOCKS, AND THE CENTRAL OF NICARAGUAN WORKERS AGAINST THE GOVERNMENT OF NICARAGUA
  214. 214 The Committee has examined on two occasions Case No. 1007 - in which the International Organisation of Employers (IOE) is the complainant - [See 208th Report, paras. 371-391 and 218th Report, paras. 437-466, approved by the Governing Body in its 216th and 221st Sessions of May-June 1981 and November 1982, respectively], and on one occasion Case No. 1129 - in which the Latin American Central of Workers (CLAT) and the World Confederation of Labour (WCL) are the complainants - [See 218th Report, paras. 467-481, approved by the Governing Body in its 221st Session (November 1982)] and Case No. 1169 - in which the Disputes Secretary of the Trade Union of Dockers, Employees and Office Staff of Corinto Docks (SEEOMC) is the complainant - [See 222nd Report, paras. 317-329, approved by the Governing body in its 222nd Session (March 1983)]. With respect to these three cases, the Committee submitted interim reports to the Governing Body.
  215. 215 Subsequently, the Disputes Secretary of the SEEOMC submitted new allegations with respect to Case No. 1169 in a communication of 28 March 1983. Allegations within the framework of this case were also made by the International Confederation of Free Trade Unions (in communications of 15 June, 15 July and 23 August 1983) and the WCL (in communications of 22 August and 29 November 1983). The Government sent certain observations in a communication dated 9 September 1983.
  216. 216 The complaint with respect to Case No. 1185 is contained in communications from the CLAT (2 March and 5 May 1983) and the WCL (22 June 1983). The Government sent certain observations in a communication dated 5 May 1983.
  217. 217 The complaint with respect to Case No. 1208 is contained in a communication from the Central of Nicaraguan Workers (CTN) of 9 May 1983. The Government replied in a communication of 29 August 1983.
  218. 218 Nicaragua has ratified 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).
• Direct contacts mission
  219. 219 At the 69th Session (Geneva, 1983) of the international Labour Conference, the Government of Nicaragua proposed "the establishment of direct contacts between the Government and the International Labour Organisation with a view to examining questions relating to the application of Convention No. 87, particularly in the light of the new Decree adopted by the Government". The Committee on the Application of Conventions and Recommendations expressed the hope that all the parties concerned would be associated with the direct contacts, and that they would lead to the removal of the difficulties encountered in the application of the Convention. It also invited the Government to supply further information as would permit the Committee to follow the above-mentioned matters as soon as the direct contacts had taken place (Report of the Committee, para. 86).
  220. 220 For its part, the Committee on Freedom of Association, before which several complaints concerning Nicaragua were pending, decided, at its meeting in November 1983, to adjourn its examination of Cases Nos. 1007, 1129, 1169, 1185 and 1208 in the hope that, during the direct contacts mission, the representative of the Director-General would be able to examine with the competent authorities the various aspects of the cases still pending and to obtain sufficient information to enable the Committee to examine these cases at its next meeting in February 1984. [See 230th Report, para. 10].
  221. 221 The Director-General of the ILO appointed Mr. Geraldo von Potobsky as his representative to carry out this mission, which took place in Managua from 4 to 13 December 1983.
  222. 222 During his mission, the representative of the Director-General spoke to by the President of the Supreme Court of Justice, Roberta Argüello Hurtado, the Minister of Labour, Virgilio Godoy Reyes, the Deputy Minister of Labour, Benedicto Meneses, and the Legal Advisor to the Ministry of the Interior, Melvin Wallace, and had a number of meetings with senior officials of the Ministry of Labour. He also met representatives of the following organisations: the Managing Board of Private Enterprises (COSEP), the National Union of Farmers and Stock-Breeders (UNAG), the Sandinista Central of Workers (CST), the Confederation of Trade Union Unity (CUS), the Central of Nicaraguan Workers (CTN), the Workers' Confederation of Nicaragua (CTN), the Association of Rural Workers (ATC) and the General Confederation of Workers-Independent (CGT-I).
• Interview of the representative of the Director-General with the Deputy Minister of Labour
  223. 223 At the end of his mission, the representative of the Director-General had a meeting with the Deputy Minister of Labour, Benedicto Meneses (in the absence of Minister Virgilio Godoy Reyes) and his collaborators. During the meeting, they went over the work that had been carried out and held a broad exchange of views on various aspects of trade union legislation and collective labour relations, a number of points concerning cases pending before the Committee on Freedom of Association and certain matters raised in the course of the representative of the Director-General's various conversations.
  224. 224 The Deputy Minister pointed out that in the Government's opinion many of the complaints brought before the ILO with regard to violations of freedom of association in Nicaragua lacked sufficient basis, were vague, did not contain enough data or facts and reflected more than anything a concerted attempt to harass the present authorities. Several of the allegations did not have anything to do with freedom of association. He felt that the ILO should be more strict with complainants and not pass on every single complaint to the Government indiscriminately. The Ministry of Labour had already told trade unions in Nicaragua that, before submitting a complaint to the ILO, it would be better to discuss and try to settle the problems with the country's labour authorities. So far the trade unions had not followed this suggestion.
  225. 225 The representative of the Director-General - according to the mission report - explained to the Deputy Minister the rules of procedure of the Committee on Freedom of Association, the problems that sometimes arise in the course of the examination of a case and the difficulty of obtaining all the necessary information. He emphasised the importance of the Government of Nicaragua answering all the allegations and sending all the necessary information so that the Committee on Freedom of Association could reach its conclusions in full knowledge of the facts. He thought it advisable to suggest that, on occasion, the Ministry itself might take the initiative of asking the complainant organisations in Nicaragua for more details about their complaints in order to seek possible solutions and send the relevant information to the ILO. In particular, the representative of the Director-General told the Deputy Minister that the ILO was still awaiting information from the Government on a list of trade unionists under arrest, as well as the text of the sentence handed down by the military court in connection with the death of Jorge Salazar Argüello, Vice-President of COSEP.
  226. 226 The representative of the Director-General took this opportunity to pass on a number of comments that had been voiced during his visit to COSEP, namely, that tripartism was not fully respected in the country and that, for example, the employers' organisation had not been consulted about new wage policies recently announced by the Ministry of Labour. The Deputy Minister explained that the Government did not intend excluding the employers from discussions on the subject but that the matter had been left in abeyance because of the current international tension over Nicaragua. The trade unions had already been involved in the discussions because, unlike the employers, they had taken the initiative to do so. The employers would in any case be consulted as planned.
  227. 227 Finally, the representative of the Director-General thanked the Deputy Minister for all the help he had received in carrying out the mission and for the collaboration of the Ministry of Labour officials in discussing the various problems and obtaining the relevant information.
  228. 228 The representative of the Director-General stated in his mission report that he had been offered every facility by the Ministry of Labour authorities to carry out his mission, for which he was most grateful. He also mentioned in the same report that he wanted to thank all those with whom he had spoken for the information they had been able to give him.

A. A. The complainants' allegations

• Case No. 1007
  1. 1 Previous examination of the case
  229. 229 When the Committee examined this case at its November 1982 meeting, it made the following recommendations on the allegations pending [See 218th Report, para. 466]:
• Concerning the death of Jorge Salazar Argüello, Vice-President of COSEP, the Committee requests the Government to send the text of the judgment of the military court on the military personnel responsible for the death of this employer leader, and to indicate in virtue of what legal text a military court was dealing with this matter.
• As regards the allegation concerning the arrest and prison sentences of employer leaders:
  • (i) the Committee notes that the Court of Appeal has quashed the verdict of guilty pronounced by the Court of first instance against Francisco Castillo Molina and handed down a conditional sentence on Gabriel Lacayo Benaró for a probation period of two years:
  • (ii) the Committee notes also that the Supreme Court of Justice has closed the cases of the rest of the accused charged with crimes against the Act on preservation of order and public security, who were tried by courts of the first and second instance. However, the Supreme Court of Justice has ordered the Court of first instance to institute criminal proceedings for crimes against the security of the State and other crimes. Therefore, the Committee requests the Government to send the text of the judgment handed down on this matter by the Court of first instance..
• Concerning the efforts of the FSLN, supported by the Government, to divide COSEP, the Committee observes that the Government has not replied specifically to the allegation concerning FSLN interference by promoting parallel pseudo-official organisations (CONAPRO 'Heroes and Martyrs' and UNAG) which took away seats in the Council of State from organisations of the private sector. Therefore, the Committee requests the Government to send its observations on this matter.
  2. 2 Information on the present case contained in the mission report of the representative of the Director-General
  230. 230 The section on this case in the report drawn up by the representative of the Director-General reads as follows:
• Concerning the death of Jorge Salazar Argüello, Vice-President of the Managing Board of Private Enterprises (COSEP), the Committee requested the Government' to send the text of the judgment of the military court on the military personnel responsible for the death of this employer leader and to indicate in virtue of what legal text a military court was dealing with this matter.
• Information on this legal text was obtained from the President of the Supreme Court of Justice, who informed me that it was the Act concerning the organisation of military courts and provisional military penal proceedings (Decree No. 591 of 2 December 1980), section 18 of which states; 'The Military Courts shall be responsible for conducting penal proceedings in connection with any punishable act in which a member of the military personnel is implicated, even if one or more of the participants or the victim are civilians'.
• In order to obtain the text of the judgment handed down or any information on the subject, I requested an interview with the responsible official of the military court. The interview, which was set for Monday 12 December at 9 a.m., was cancelled at the last moment owing to other commitments of the said official and I was unable to arrange another meeting. Consequently, the text of this judgment, which was requested by the Committee, has still not been communicated.
• The second point on which the Committee requested information concerns the proceedings instituted by the Supreme Court of Justice against employer leaders for crimes against the security of the State and other crimes. The Committee requested the Government to send the text of the judgment handed down on this-, matter by the court of first instance.
• According to information supplied by the President of the Supreme Court of Justice, the public prosecutor did not present any criminal grounds for investigating the crime to which his attention had been drawn by the Court and no case was opened. All those involved are at liberty and, according to the President of the Court, the matter is therefore closed.
• The last matter which is still pending concerns the allegation that the Sandinista National Liberation Front (FSLN) has, with the help of the Government, attempted to split COSEP. The Government has not yet replied specifically to the allegation that the FSLN has intervened by promoting parallel Government-backed organisations which have taken away seats in the Council of State from private-sector organisations.
• According to the allegations, the organisations affected were the Union of Agricultural Producers (UPANIC) and the Confederation of Professional Associations of Nicaragua (CONAPRO). According to the Fundamental Statute of the Republic, article 16 of which lays down the composition of the Council of State, UPANIC and CONAPRO were each entitled to be represented by one member. Under the Revised Fundamental Statute (Decree No. 718 of 2 May 1982), UPANIC still has one member and an additional two members now represent the National Union of Farmers and Stock-Breeders (UNAG). CONAPRO, meanwhile, was replaced by the National Confederation of Professional Associations, Heroes and Martyrs (CONAPRO 'Heroes and Martyrs'), with one member. Both the latter and UNAG are listed under 'Occupational and Social Organisations', whereas UPANIC is listed with four other organisations under 'Private Enterprise Organisations'.
• According to several COSEP members, the FSLN has organised all the sectors, including the professional workers, and has politicised the organisations. The Government-backed organisations are allowed to engage in political activities, but not the others. They feel it a contradiction in terms that COSEP organisations should be represented on the Council of State but not be allowed to make political statements. Originally, the Council had 33 members, 11 of which were not pro-FSLN 'frentistas'. It now has 51 members, among which private enterprise organisations have only five representatives. They say that, in view of this manipulation, the 'non-frentistas' organisation decided not to attend meetings of the Council, though without relinquishing their right to occupy a seat on it. They further protest that the Programme of the National Reconstruction Government, which was drawn up after the overthrow of Somoza, has not been respected.
• In talks with UNAG officials, I was told that the organisation represents the small and medium rural landowners who were not previously organised. UNAG embraces 130,000 families and its members are co-operatives and independent producers; 80,000 producers operate through co-operatives and 47,000 are independent. According to the officials, UNAG is not against the traditional organisations and would like to work alongside UPANIC. The organisation currently accounts for 90 per cent of food production, 34 per cent of coffee, 32 per cent of cotton and 73 per cent of stock-breeding. The officials deny that they are government-backed and point out that they had their own problems with the authorities, inter alia, over the restoration of confiscated property.
• As far as professional workers are concerned, I obtained information from the two organisations referred to above. According to its President, CONAPRO originated as a clandestine organisation under Somoza; he personally was arrested for belonging to it and for supporting the FSLN. After the Revolution, CONAPRO was given a seat on the Council of State with a permanent and a deputy representative. It was CONAPRO which presented one of the first Bills to be brought before the Council, concerning compulsory membership of professional o colleges and rules and regulations for professional workers. The Bill was rejected and CONAPRO was asked to prepare another draft. It was at this point that the FSLN began to hold a series of meetings at which the first attacks on the organisation occurred. The new draft was considered to be very good by the authorities, except for a few small changes which might be necessary. After it had been publicised by CONAPRO, the FSLN took it over and changed the text substantially. The leaders of the organisation accordingly convened an assembly to discuss the draft, which was held in February 1981.
• When the members of the Executive Committee entered the meeting room, a 'pro-government internationalist and professional mob began to shout political slogans' that had nothing to do with the agenda. In view of the reigning disorder, the then President of CONAPRO announced the suspension of the meeting and the Executive Committee withdrew. The other groups then took over the rostrum and began deciding who would be the members of the new executive committee of CONAPRO 'Heroes and Martyrs'. After these events the representatives of CONAPRO attended a meeting of the Council of State which, confronted by two organisations, decided to recognise only CONAPRO 'Heroes and Martyrs'.
• According to my information, the Bill was adopted. It provides for the creation of a National Board of Professional Workers, whose members belong to the FSLN; although, legally, CONAPRO is entitled to its own delegates they have never taken part in it. The Board is empowered to judge professional workers accused of infringing the law, and dozens have allegedly already been tried and sent to prison.
• Finally, my interlocutors told me that CONAPRO consists of 12 occupational associations enjoying legal personality under the previous regime. According to CONAPRO, 'So far, not one of our associations has had its legal status recognised', whereas every day the newspapers report that it has been granted to associations and professions that have never existed in Nicaragua'.
• In November 1982, CONAPRO 'Heroes and Martyrs' published a leaflet containing information on the origin of the organisation. According to this leaflet, after the fall of the previous regime CONAPRO ratified its membership of COSEP and accordingly came to have one representative on the Council of State. However, several professional sectors began to express their disagreement with this 'entrepreneurial' position of the organisation. At this point, a Bill to establish rules and regulations for the exercise of professional activities was drafted and began to be discussed in a Committee consisting of representatives of CONAPRO and other professional workers. When COSEP withdrew from the Council of State, CONAPRO stopped participating in the Committee's work and also ceased attending the Board. The Bill was drafted by an FSLN Committee, which is also 'holding a series of meetings with all professional workers, in which the text is gradually being finalised and unorganised sectors are being offered an opportunity to organise themselves'.
• The leaflet goes on to say that new associations of professional workers were organised but that the leaders of CONAPRO prevented their affiliation to the organisation. Given the circumstances, the leaders convened an assembly to condemn the Bill. During the assembly the participants opposed the Executive Committee, which left the premises. The assembly continued and a Provisional Executive Committee was elected and a number of decisions were adopted, including the withdrawal of CONAPRO from COSEP, the change of its name to CONAPRO 'Heroes and Martyrs' and the resumption of its participation in the Council of State.
• The assembly drew up a list of 16 sectors of professional workers. 'In this way, thanks to the opening up of participation to the rank and file of professional workers, the distinction between professional workers and the entrepreneurial sector was finally established. This is the principal difference between those who subsequently continued calling themselves CONAPRO (affiliated to COSEP) and CONAPRO 'Heroes and Martyrs'.
• As far as this whole matter is concerned, the authorities pointed out to me that the fact that there are several organisations merely goes to prove that the Government respects the principle of pluralism. As to the representation of these organisations on the Council of State, the authorities claim that this is a political issue that has nothing to do with freedom of association or the right to join trade unions.
• Case No. 1129
  1. 1 Previous examination of the case
  236. 236 When it examined the case at its November 1982 meeting, the Committee made the following recommendation concerning the allegations still pending [see 218th Report, para. 481]:
• The Committee requests the Government to send at an early date its observations on the allegations to which it has not replied: namely, threats against the lives of trade union leaders by the official militias; physical attacks by the authorities on CTN members working on state-controlled banana estates and sugar plantations; members of the Executive Committee of the CTN being forbidden to leave the country; and sugar workers affiliated to the CTN being prevented from entering their work centres.
  237. 237 The complainant had indicated that the alleged incidents were part of a systematic Government campaign to destroy the Central of Nicaraguan Workers (CTN).
  2. 2 Information concerning the case contained in the mission report of the representative of the Director-General
  238. 238 The relevant section of the report of the Director-General's representative reads as follows:
• The leaders of the CTN informed me that the ban on their leaving the country has now been lifted but that the physical attacks by the authorities on state-controlled banana estates and sugar plantations are continuing. They said that the Ministry of Labour should be able to supply information on the matters referred to in the complaints.
• The Ministry of Labour officials emphasised that the accusations should be more specific if they are to be answered. The complaints do not indicate who made the death threats, or who was actually threatened, or the date, place and circumstances in which the events supposedly took place. The allegations of physical attacks and denial of entry to work centres are equally vague, as they give no names, places or dates. Furthermore, the Government denies categorically that there is any ban on CTN leaders leaving the country and that in fact they enter and leave quite frequently. I personally was able to read in a Managua newspaper, during my visit, the statements made by the Secretary-General and Legal Adviser of the CTN at a press conference in the United States, which they were currently visiting.
• I suggested that it might be useful for the Ministry of Labour to contact the Ministry responsible for agrarian reform to obtain further information and draw its attention to the allegations, inasmuch as they concern events in state-controlled banana estates and sugar plantations.
• Case No. 1169
  1. 1 Previous examination of the case
  243. 243 When the Committee examined this case at its March 1983 meeting, it made the following recommendations on the allegations still pending [see 222nd Report, para. 329]:
       • (a) while noting that the trade union leaders Denis Maltes Lugo, Felipe Alonso and Alejandro Arnuero have now been released, the Committee requests the Government to indicate the precise grounds for their arrest;
       • (b) the Committee requests the Government to send its observations on the allegations to which it has not replied: namely, the use of coercion to make the trade union leader Denis Maltes Lugo relinquish his union post, the departure from the country of union leaders Zacarías Hernández and Isabel Somarriba because of the persecution and harassment by the State security forces, and collusion between the authorities and the management of the harbour enterprise to authorise the convening of an extraordinary general assembly of the SEEOMC to appoint persons not affiliated to the trade union to an executive body sympathetic to the political interests of the Government, against the will of the members of the union;
       • (c) the Committee would like to have more information on the serious accusations made in the declaration of the SEEOMC against Zacarías Hernández.
  2. 2 New allegations
  244. 244 In its communication of 28 March 1983, the Disputes Secretary of the Trade Union of Dockers, Employees and Office Staff of Corinto Docks (SEEOMC), Zacarías Hernández, alleges that 120 SEEOMC members and leaders are currently under arrest and are being forced to sign blank statements which are subsequently filled in so as to implicate them in alleged counter-revolutionary activities, thereby justifying their imprisonment. The organisation has been taken over by the Government's military forces. The reason for their arrest is that the union withdrew from the Sandinista Central of Workers (CST) and affiliated to the Confederation of Trade Union Unity (CUS). Instead of supporting the trade union organisations, which are acting in accordance with Convention No. 87, the Ministry of Labour is recommending that they join the CST; the situation has reached the point where copies of the by-laws of union organisations, on paper bearing the ministry of Labour letterhead, have been deposited with the CST for its own use so that it can register the recently constituted organisations among its members.
  245. 245 Referring to the current repression, the complainant states that the President of the SEEOMC, Isabel Somarriba Bonilla, the Treasurer of the union's Supervisory Board, René Argeñal, and the President elected on 18 December 1982, Danilo Contreras, have been exiled from the country. Danilo Contreras had to leave the country to escape harassment both from the Ministry of Labour and from the military authorities and was forced to sign a false and libellous statement against the complainant, on pain of imprisonment. To avoid prison he had to sign and subsequently left the country.
  246. 246 In a later communication dated 15 June 1983, the International Confederation of Free Trade Unions (ICFTU) alleges that the members of the SEEOMC Executive Committee (Luis Acosta Hernández, Alejandro Arnuero Martinez, Julio Ayerdi Saravia, Julio Solis Amayoa, Leonel Castillo Estrada, José Gómez Novoa, Paulino Lars Correa, Francisco Dávila Mendoza and Jorge Gutiérrez Medrano) have been arrested for attempting to join the Confederation of Trade Union Unity (CUS). According to the ICFTU, the whereabouts of Felipe Duarte and René Zamora are, moreover, unknown.
  247. 247 In its communication of 15 July 1983 the ICFTU claims that, on 21 May 1983, 11 union leaders of the CUS, who had been invited to the extraordinary general assembly of the SEEOMC which was to ratify its withdrawal from the Sandinista Central of Workers (CST) and affiliation to the CUS, were insulted, beaten up and kicked by, among others, members of the Batallion of Militias 40-18 and of the private police of the Corinto harbour administration, by persons specially brought from the city of Chinandega and by a number of non-unionised workers of the Corinto harbour administration. This took place in the vicinity of the Nora theatre, which had been arbitrarily fixed by the Ministry of Labour authorities for the assembly.
  248. 248 The ICFTU says that the aggression was not only tolerated but actually encouraged by members of the Sandinista police force of the port of Corinto, who ignored calls for help and did nothing to prevent it. It was the members of the SEEOMC who saved the lives of the CUS leaders being attacked. Because of the organised uproar, the official of the Ministry of Labour's Department of Trade Union Associations suspended the assembly.
  249. 249 The ICFTU adds that, in the offices of the Department of Trade Union Associations of the Ministry of Labour, some CST members who at the same time exercise military authority in the port of Corinto again threatened the CUS leaders, in the presence of the official responsible for trade union associations, and said that they could not vouch for their lives if they dared to take part in the next extraordinary general assembly of the SEEOMC that had been set for 1 June 1983.
  250. 250 The ICFTU further alleges that Alejandro Arnuero, who was to represent the SEEOMC at a Congress of the International Transport workers' Federation in Brazil, had his passport withdrawn for no valid reason.
  251. 251 The ICFTU alleges that the Government has unleashed a wave of union repression against trade union organisations - such as those having ties with the CUS - that are not backed by the Government. The ICFTU refers specifically to the searching of the premises of the Federation of Workers of Estelí (FTE) and of the Federation of Workers of Chinandega (FETRACHI) and claims that the FETRACHI leaders were brutally beaten. The ICFTU states, moreover, that the "mass organisations" of the Sandinista National Liberation Front (FSLN) and even the Sandinista police have organised a "witch-hunt" against the union leaders and active members of the Federation of Rural Workers of the Department of Carazo, following the creation and promotion of the Federation by the CUS.
  252. 252 With regard to the right to collective bargaining, the ICFTU alleges that Decree No. 955, containing "amendments to the Act to suspend labour legislation on strikes and work stoppages and laying down the procedure for settling economic and social disputes", which is totally in contradiction with Article 4 of ILO Convention No. 98, particularly as it relates to the promotion of voluntary collective bargaining among employers' and workers' organisations, is still fully enforced. What happens in practice is that, when a list of collective demands (subsequently intended to lead to a collective labour agreement or contract) comes up for discussion, a set of criteria is actually imposed on both parties to the discussion by the labour authorities of the Ministry of Labour. As if that were not enough, the workers' right to strike is still suspended.
  253. 253 In' its communication of 23 August 1983, the ICFTU claims that workers in undertakings in the sugar sector - "Faustino Martínez", "Refinería Nicaragüense del Azúcar" and "Nicaragua Sugar Estates Limited" - have for two-and-a-half years been struggling to obtain legal personality for their trade unions. All the unions being set up have submitted their by-laws and rules to the Ministry of Labour, but the Ministry has refused to grant them legal personality. The ICFTU points out that the Supreme Court of Justice has not yet handed down its judgment on the appeal lodged for the granting of legal personality despite the fact that the current law on appeals stipulates that a final decision must be reached within 45 days. According to the complainant, this period has already passed many times. The ICFTU encloses a letter which Carlos Martinez Saavedera, trade union organiser for several undertakings in the sugar sector - "Faustino Martínez", "Refinería Nicaragüense del Azúcar" and "Nicaragua Sugar Estates Limited" - sent to the Supreme Court urging it to issue a final decision as soon as possible.
  254. 254 Finally, according to the ICFTU, the SEEOMC leaders Alejandro Arnuero, Jorge Gutiérrez Medrano, Leonel Castillo Estrada, Aníbal Corrales Garcia and Francisco Divila Bustamante are still in custody.
  255. 255 In its communications dated 22 August and 29 November 1983, the World Confederation of Labour (WCL) alleges that rural workers of Wasaca (Matagalpa) affiliated to the CTN are being constantly harassed, subjected to harsh interrogation and threatened with imprisonment. According to the WCL, anti-union measures have been taken against the following persons:
       • - Guillermo Gonzalez Tercero, members of the CTN, picked up in Rancho Grande on 9 May 1983 and accused of counter-revolutionary activities; released on 7 June 1983.
  256. Germán Arellano and Joel Espinoza, members of the CTN, picked up at the National Bus Company (ENABUS) on 26 May 1983 and transferred to Bello Horizonte prison where their lives were threatened; pressed by the police to abandon their claim against ENABUS for non-payment of the weekly rest day since 1979; released on 28 May 1983.
       • - Sergio Roa Gutiérrez, member of the CTN, of Managua, picked up on 7 June 1983 by members of the Sandinista Defence Committees (CDS) and Sandinista police; originally informed that there had been complaint concerning the vehicle in which he was travelling subsequently accused of having tried to run over two individuals and, later, of having insulted the CDS; transferred to Police Station No. 1 in Sandino City and released on 8 June 1983.
       • - Crescencio Carranza and Guillermo Salmerón Jiménez, members of the SEEOMC, picked up on 9 June 1983.
  256. 256 The WCL also enclosed the following list of leaders who have been arrested:
       • - Daniel García Hernández, Fidel López Martínez and Rito Rivas Amador, arrested in December 1982 in Juigalpa (Department of Chontales);
       • - Miguel Salcedo, Victoriano Ramos, Nicolás González, Ramón González, Saturnino Lópes Centeno, Heriberto Rodríguez, Santos Jiménez, Bernabé Larios Morga, Santos Larios Cornejo, José Moreno Dávila, Mónico Fuentes, Abel López, José Moreno, Agustín Canales, Santos Guerrero, Santos Ponce Santacruz, arrested in August 1982 in El Ocotal (Department of Nueva Segovia);
       • - José Angel Altamirano, Mercedes Hernández, Reynaldo Blandón, Iván Blandón, Víctor Ríos, Erik Luna, Jos Angel Peñalosa, Napoleón Aragón, Eleázar Marenco, Juan Ramón Duarte and his brother, arrested in April 1983 in Cascal-Nueva Guinea (Department of Zelaya);
       • - Anacleto Rayo Torres, Ricardo Meza Salgado, Cándido Arbizu Ocón Candelario Jarquín Miranda, Alejo Flores Castillo, Miguel Flores Castillo, Nicolás Orozco Martínez, Esteban Orozco Martínez, Maximino Flores Obando, Estanislao Cano Mayorga, arrested in December 1982 in the Department of León, convicted by Sandinista People's Courts of having allowed the organisation of counter-revolutionary activities in the area and sentenced on 11 July 1983 to three years imprisonment;
       • - José Miranda Pérez (President of the Radio Workers Union), Ricardo Cervantes Rizo and Allin Robles Reynosa (leaders of the Urban Transport Union (SIMOTUR)), arrested on 18 July 1983; whereabouts unknown;
       • - Bismarck García, Anastasio Jiménez Maldonado, Gabriel Jiménez Maldonado, Orlando Mendoza Laguna, Manuel Antonio Zeledón Cano, Arcadio Ortíz Espinoza, Santos Sánchez Cortedano, Jacinto Sánchez Cortedano, Napoleón Molina Aguilera, Juan Pablo Martínez Ríos and Eduardo Alberto Gutiérrez, all leaders or members of the CTN; the last eight named were picked up in November 1983 and dragged violently from their homes.
  257. 257 The WCL adds that Juan Rivas and Miguel Salgado Báes, members of the Union of Workers of the Corona Oil Industry, were unjustly accused of "sabotaging production" and of ideological deviation and spent several weeks in prison. In addition, Eugenio Membreño and other members of the Executive Committee of the CTN are being constantly harassed by Sandinista gangs, with the complicity of the authorities, and, specifically, are being threatened and intimidated in their homes.
  258. 258 The WCL also lists a series of incidents (including the arrest of union leaders) that have already been cited in allegations connected with this and other cases examined by the Committee in this report.
  3. 3 The Government's reply
  259. 259 The Government states in its communication dated 9 September 1983 that the reason for the latest arrest of Denis Maltes Lugo, Felipe Alonso and Alejandro Arnuero is the embezzlement of 43,000 córdobas from the funds of the union of which they were officials.
• The loss was discovered when an audit was carried out which the rank and file of the union requested from the Ministry of Labour. Their arrest is therefore not a breach of freedom of association but, rather, a measure taken to protect the union's assets and its members' right to question union leaders when they act against their interests.
  260. 260 With regard to the alleged use of coercion to make Denis Maltes Lugo relinquish his union post, the Government states that, if there was any such coercion, it was by members of the union themselves; when a person is elected to a trade union's executive body it is because its members trust him, and it is only to be expected, if he betrays their trust, that he should be rejected by his own electors. In fact, continues the Government, it so happened that, when an assembly was held to appoint new members of the executive body, Denis Maltes was not re-elected. In the Government's opinion the dispute is an internal union affair and reflects the members' freedom to elect their own officials. In other words, if there was coercion, no Government authority was in any way involved, as they do not interfere in internal union problems.
  261. 261 As to Zacarías Hernández' departure from the country because of "persecution and harassment by State security forces", the Government points out that, according to its migration services, Zacarías Hernández requested an exit visa which he was granted without any problem; this shows that he is not being persecuted in any way since, if he were, he would not have been granted the visa. The Government encloses a migration department certificate showing that the visa was granted on 18 August 1982.
  262. 262 Concerning Zacarías Hernández latest communication of 28 March 1983, the Government states that it is full of calumnies against the Ministry of Labour and Government authorities that does not merit consideration.
  263. 263 As to the SEEOMC's serious accusations against Zacarías Hernández, the Government states that, as they relate to counter-revolutionary activities, they are outside the purview of the Committee on Freedom of Association and of the ILO. In any case, the Ministry of Labour cannot answer for accusations unconnected with union activities made by the organisation to which Zacarías Hernández belongs.
  4. 4 Information concerning the case contained in the mission report of the Director-General's representative
  264. 264 The section of the report of the Director-General's representative concerning this case reads as follows:
• Allegations still pending
• This case, which is based on a complaint presented by the Trade Union of Dockers, Employees and Office Staff of Corinto Docks (SEEOMC), was examined by the Committee in its 222nd report. A number of points that were still pending were summarised in paragraph 329: the precise grounds for the arrest of Denis Maltes Lugo, Felipe Alonso and Alejandro Arnuero, leaders of the SEEOMC; the use of coercion to make Denis Maltes Lugo relinquish his union post, the departure from the country of union leaders Zacarías Hernández and Isabel Somarriba, collusion between the authorities and management of the harbour enterprise to authorise the convening of an assembly of the SEEOMC, and the SEEOMC's accusations against Zacarías Hernández.
• In a communication dated 9 September 1983, the Government replied on some of these points: the arrest of the three union leaders referred to; the departure from the country of Zacarías Hernández; and the use of coercion against Denis Maltes Lugo.
• As regards the arrest of the three union leaders, I was able to ascertain that, owing to a mix-up, the information supplied by the Government refers to subsequent events. The matter of the embezzlement of over 40,000 córdobas arose sometime later, as will be seen below where I deal with a more recent allegation concerning the assemblies convened by the SEEOMC in 1983. In fact, the arrest of Denis Maltes Lugo, Alejandro Arnuero and Felipe Alonso in November and December 1982 was for disturbing the peace.
• With regard to Isabel Somarriba, who had been an SEEOMC leader, I was told that her departure from the country was quite legal and that, if the State security forces had been looking for her, she would have been stopped at the border.
• The Government denies the alleged collusion between the authorities and the management of the harbour enterprise to hold an assembly of the SEEOMC to appoint non-union members to an executive body sympathetic to the political interests of the Government. According to a report of the ministry of Labour's Department of Trade Union Associations, an extraordinary general assembly was held on 18 December 1982, in accordance with article' 29 of the Regulations governing trade unions associations, to appoint new members to the Union's executive board. At this assembly, the following were elected. President: Danilo Contreras; Secretary-General: Luis Acosta; Records Secretary: Julio Ayerdis; Disputes Secretary. José Gómez Novoa; Finance Secretary: Leonel Castillo Estrada; Organisation and Information Secretary: Julio Solis Samayoa; Medical Assistance Secretary. Paulino Lara Correa; Social Relations Secretary: René Zamora; President of the Supervisory Board: Jorge Gutiérrez Medrano; Secretary of the Board: Miguel Blandón; Accountant of the Board: Andrés Urbina.
• Countering the allegation, the Ministry of Labour officials made the following points: most of the members of the supposedly pro-Government executive committee were those who were subsequently cited in a complaint against the Government, following their arrest (see below); as to Danilo Contreras, who was elected President of this executive committee, he is mentioned in a letter from Zacarías Hernández himself as a victim of repression by the Ministry of Labour and the military authorities.
• As to the SEEOMC's statement containing serious accusations against Zacarías Hernández, the Government maintains that it is not responsible for the remarks it contains and it therefore has nothing to say on the matter.
• New allegations
• Allegations with respect to the SEEOMC
• These allegations are contained in a communication sent by Zacarías Hernández on 18 March 1983, to which the Government. did not choose to reply in its letter dated 9 September 1983. Such information as I was able to obtain concerns mainly the allegation that Danilo Contreras, President of the SEEOMC, and René Argeñal, Treasurer of the Union's Supervisory Board, had to leave the country as they were being harassed by the labour and military authorities. According to the Government, Danilo Contreras left the country voluntarily after having cashed a cheque on 21 February 1983 for 12,720 córdobas made out by an undertaking to the order of the SEEOMC. The cheque should have been deposited in the Union's account as required by law, but, with the connivance of a bank employee, Danilo Contreras was able to cash it. As to René Argeñal, he left the country after taking 3,000 córdobas from the SEEOMC's petty cash.
• The Government denies the allegation that 120 SEEOMC members have been arrested and says that any complaint on the subject should at least indicate the names of the persons concerned so that a proper investigation can be made.
• With regard to the allegation that the Union has been taken over by the military authorities, the Government refers back to the information supplied in connection with the events in Corinto surrounding the convening of assemblies by the SEEOMC.
• Allegations concerning the events surrounding the convening of assemblies in Corinto by the SEEOMC
• The complaint containing these allegations derives from an ICFTU communication dated 15 June 1983, a second dated 15 July 1983 enclosing a number of documents coming from its affiliate in Nicaragua, the Confederation of Trade Union Unity (CUS), a third dated 23 August 1983 with additional enclosures, and a communication from the World Confederation of Labour dated 22 August 1983 enclosing a report by Nicaragua's Standing Committee on Human Rights.
• The complaint details the reasons that prevented the holding of an assembly convened by the SEEOMC on 21 May 1983 in the port of Corinto to decide the organisation's withdrawal from the Sandinista Central of Workers and its affiliation to the CUS. It also denounces the subsequent arrest of leaders and other SEEOMC members.
• From my talks with the leaders of the GUS I was able to obtain further information about the events referred to. After the cancellation of the assembly for the reasons given in the complaint, a meeting was held at the Ministry of Labour at which an agreement was signed with representatives of non-union members calling for the convening of another assembly at which they would be able to participate and vote. According to them, the agreement was imposed on them by the Ministry authorities. The assembly was held on 1 June 1983 at the Corinto cinema, amid threats by plain-clothed policemen, members of the Sandinista Youth, members of the Sandinista Central of Workers, etc. Under the circumstances, the Union's executive committee and some of the workers left the meeting room for the SEEOMC's headquarters. Meanwhile, the assembly at the Corinto cinema continued and a new executive was elected, in the presence of a representative of the Ministry of Labour (the Chief of the Department of Trade Union Associations). Those who had withdrawn from the assembly held their own meeting and likewise elected an executive committee. Subsequently, a number of those elected were arrested, some of them for allegedly embezzling trade union funds. All those who were arrested have now been released, but the union leaders have not been reinstated in their jobs.
• The Ministry of Labour officials, including the Chief of the Department of Trade Union Associations at the time of the events, provided me with the following information on this complaint, based on documents held by the Department of Trade Union Associations and on their own observations. They stated that a series of events occurred in Corinto in February and March 1983 which led to a number of dockworkers making accusations against the leaders of the SEEOMC. first, union leaders Contreras and Argeñal had left with money belonging to the trade union; second, on 11 March 1983 the executive committee decided on its own account and without consulting the members to terminate the union's membership of the Sandinista Central of Workers. Around this time, according to the Ministry officials, a plot was uncovered in Corinto to blow up the port. Some 400 dockers occupied the SEEOMC's headquarters to demand an explanation for the disappearance of the union funds and for the executive committee's decision. The members of the executive decided to appeal to the Ministry of Labour, thanks to whose intervention an agreement was reached on 22 March.
• Under this agreement, it was decided to hold an extraordinary general meeting on 26 March at the Nora theatre in Corinto, so that the workers could decide whether or not to terminate the organisation's membership of the CST and elect officials to the vacant seats on the executive committee. In addition, an audit was to be made of union funds.
  24. On 24 March some 40 dockworkers wrote to the Ministry of Labour that they had attempted on several occasions to join the SEEOMC but that their request had been turned down by the executive committee without any explanation. They accordingly requested to be allowed to participate in the next assembly, with the right to speak and to vote.
• The Ministry officials explained the situation of the dockworkers as regards union membership. Although trade union dues were deducted from the wages of all the workers, not all of them had membership cards. In fact there were four categories. (1) workers who were registered with the trade union and possessed a membership card; (2) those who were registered but did not have a card and therefore could not participate in union meetings; (3) those who were neither registered nor had a card; (4) occasional workers, who were likewise not union members.
• In response to this communication, the Ministry of Labour approached the SEEOMC's executive committee, which said it agreed to the affiliation of the various dockers and to their participation in the forthcoming assembly.
• Meanwhile, the assembly was postponed to 21 May. Following an audit of the Union's fund, no justification could be found for expenditure amounting to 41,066.95 córdobas.
• The events referred to in the complaint took place on 21 May. According to the former Chief of the Department of Trade Union Associations, there were neither police nor militia present at the meeting, though an army jeep was parked in the vicinity. I was informed that a CUS official had stated before the National Committee for the Promotion and Protection of Human Rights that gangs from Chinandega, Chichigalpa, El Viejo and other areas were stationed in front of the meeting place, that nobody was wearing military uniform and that it was impossible to distinguish union members from those who were not. If the leaders of the CUS were unable to distinguish their own members from the others, I was asked, how could they possibly have known whether the people there were militiamen, as was claimed in the complaint?
• What happened, I was told, was that 300 or so workers met in the Nora theatre and that the SEEOMC's executive committee refused to allow some 60 non-members who wished to participate to enter the meeting room. By doing so, I was told, the executive committee broke its promise to the Ministry. These workers were in front of one of the entrances to the theatre, while the CUS leaders were next to another entrance. The workers who had been refused entry, along with many of those already in the theatre, thereupon prevented the CUS leaders from entering and began to push them away. There was no other violence and no members of the police force were present. Finally, the CUS leaders decided to withdraw.
• Two days later, on 23 May, a meeting was held at the Ministry of Labour which was attended by members of the SEEOMC's executive committee, representatives of the dissident workers and representatives of the Sandinista Central of Workers. It was decided at the meeting to hold a new assembly on 1 June at the Corinto cinema, in which workers who became members at that time would also participate. Moreover, in order to avoid any violence, it was agreed that the police would pass by the assembly hall fairly frequently. During the meeting there were mutual recriminations between the leaders of the CUS and of the CST but no violent threats since, I was told, the Ministry officials made sure that the discussion did not degenerate.
  1. On 1 June the assembly was held at the Corinto cinema or theatre. During the assembly, so I was informed, the majority of the participants noisily manifested their opposition to the executive committee, which (except for a leader by the name of Urbina) decided to leave the meeting place and repair to the Union's headquarters, accompanied by 60 to 80 sympathisers. About 400 workers remained in the assembly hall and, in the presence of the Chief of the Department of Trade Union Associations, adopted a decision to maintain the union's affiliation to the CST and elected two persons to fill the vacant posts: Gilberto Siles (President) and Silvio Baldelomar (Secretary of the Supervisory Board). It was also decided to prefer a charge of embezzlement in connection with the irregularities that had come to light in the course of the audit of accounts. A record exists of the proceedings of this assembly which bears the signature of about 400 workers. According to the explanation I received, as it was the third time the assembly had been convened the number of members participating was sufficient to form a quorum (article 26 of the Regulations governing trade union associations). One-and-a-half months later the Ministry of Labour received a document informing it of the meeting held by the executive committee that had withdrawn from the meeting, along with its supporters, which stated that the two vacant posts had been filled by the election of Alejandro Arnuero Martínez (President) and Aníbal Corrales García. The document was signed by 95 workers.
• A few days after the 1 June assembly almost all the former members of the executive committee were arrested, along with Arnuero Martinez and Corrales Garcia, on the- charge of embezzlement of trade union funds. A number of members of the previous executive committee were likewise arrested since the financial irregularities covered the period of two executive committees. All these persons, to whom the complaint refers, have now been released and those whose whereabouts were unknown are back in circulation. Alejandro Arnuero Martinez, Jorge Gutiérrez Medrano and Máximo Leonel Castillo were released from prison on bail following a temporary stay of proceedings decided on 22 July 1983. They were, however, not reinstated in their jobs. The executive committee of the SEEOMC is currently functioning and consists of those who were already members of it prior to the 1 July 1983 assembly, plus Gilberto Siles and Silvio Baldelomar.
• Allegations concerning the recognition of the legal personality of trade unions
• In its communication of 23 August 1983, the ICFTU states that workers in undertakings in the sugar sector - "Faustino Martínez", "Refinería nicaragüense del Azúcar" and "Nicaragua Sugar States Limited" - have for more than two years been requesting legal personality for their trade unions, without which they cannot operate. They went through the necessary formalities but the ministry of Labour turned down their request. Although they have lodged an appeal with the Supreme Court of Justice, after many months the court has still not taken any decision.
• When discussing this matter with the leaders of the CUS, I was informed that the case had already been examined by the Committee on Freedom of Association at the time the request was turned down by the Ministry of Labour. Later, at the Ministry, I was given a copy of the decision handed down by the General Labour Inspectorate on 22 April 1982.
• As the case is still before the Supreme Court of Justice, I asked the President of the Court what the situation was. The President, Argüllo Hurtado, had the file brought to me and told me that the delay was not intentional but due to the Court's backlog of work. Almost all the members of the Court had examined the case and a draft decision had already been prepared. The final decision would be handed down in the course of the next few weeks, in December or January 1984.
• As regards recognition of the legal personality of the trade unions, I heard complaints from a number of organisations which alleged that the delays in dealing with their requests were part of the dilatory tactics of the Ministry of Labour, though these were not employed when unions affiliated to the Sandinista Central of Workers were involved. I also received complaints from one organisation which is considered to be pro-Government. I passed the complaints on to the Ministry of Labour officials, who pointed out that the delays were caused by failure to meet all legal requirements. According to them, lists of members were often submitted that contained the same name several times over, with different signatures. These and other irregularities had to be put right and caused delays for which the Ministry was not responsible.
• Allegations concerning the searching of trade union premises and harassment of the union members
• The CUS communication dated 23 May 1983 which the ICFTU sent to the Office on 15 July 1983 claims that the SEEOMC problem is not an isolated case but part of the Government's repression of independent trade union organisations. By way of example, it refers to the searching of the premises of the Federation of Workers of Estelí (FTE), the searching of the premises of the Federation of Workers of Chinandega (FETRACHI) and the violence used against its leaders, the harassment of the members of the Federation of Rural Workers of Carazo by the so-called "mass organisations" of the Sandinista National Liberation Front, among others, the Sandinista Defence Committees (CDS), the militias and even the police.
• From the Government I obtained information on only one of these allegations: the complaints were ascribed to the acute union rivalry that exists in Nicaragua and my attention was drawn to the vagueness of the description of certain events which made it impossible to conduct the necessary inquiries to be able to prepare a reply. With regard to the alleged searching of the premises of the Federation of Workers of Estelí, the Government said that this organisation was affiliated to the CUS and had acquired a house prior to the Revolution. After the Revolution the trade unions that belonged to the Federation joined the CST and continued meeting on the same premises. According to the Government there was no search; in fact, the CUS attempted to take over the house, which did not belong to it, and was prevented from doing so by those who were occupying it.
• Allegations concerning the arrest of union members
• In its communication of 22 August 1983, the World Confederation of Labour (WCL) sent a report of Nicaragua's Standing Committee on Human Rights listing the names of union leaders who had been arrested. The situation of some of these union members is under consideration by the Committee on Freedom of Association in connection with other cases concerning Nicaragua that are still pending.
• According to my information, Daniel García Hernández and Allan Robles Reynosa, who are on the lists, have now been released. As mentioned earlier, the union members of the SEEOMC have also been released on bail. One of the lists, concerning arrests that took place in El Ocotal, Department of Nueva Segovia, mentions Miguel Salcedo, Victoriano Ramos, Nicolás González, Ramón González, Saturnino López Centeno, Heriberto Rodríguez, Santos Giménez, Bernabé Larios Morga, Santos Larios Cornejo, José Moreno Dávila, Mónico Fuentes, Abel López José Moreno, Agustin Canales, Santos Guerrero and Santos Ponce Santacruz. According to a Ministry of the Exterior communication dated 1 September 1983 replying to a request for information about 17 members of the Central of Nicaraguan Workers (CTN) who were said to be under arrest, I was told that they had never been arrested and enjoyed complete freedom. During a visit to the CTN, I was handed a list of 30 officials and militants of the organisation, with details of their arrest, place of detention, charges against them, etc. A comparison of the two lists shows that Nicolás González, Saturnino López Centeno, Santos Larios Cornejo, Agustin Canales, Santos Ponce Santacruz, Victoriano Ramos and Mónico Fuentes are among those whom the CTN claims are still under arrest.
• I pointed this out to the officials of the Ministry of Labour and Legal Adviser of the Ministry of the Interior, whom I visited to pass on the list supplied by the CTN and another list which I compiled from the names transmitted by the WCL, in which several of the names from the CTN list also appear.
• The Legal Adviser of the Ministry of the Interior assured me that nobody was detained for union activities or functions but only for counter-revolutionary activities. When I mentioned specific instances cited by some of the union leaders with whom I had spoken of trade unionists apparently being arrested without any reason or on grounds that did not constitute an offence, he said that there may perhaps have been certain abuses on occasion. I emphasised the importance of sending the ILO information on the specific grounds for arresting the persons on the lists and their present situation.
• The day before leaving Managua I was handed a list by the authorities containing information on eight persons under arrest, three of whom appear on the CTN list. I was assured by the Ministry of Labour that further information on the persons under arrest would be sent directly to the ILO as soon as it was available.
• Case No. 1185
  1. 1 The complainants' allegations
  294. 294 In its communications of 2 March and 5 May 1983, the Latin American Central of Workers (CLAT) alleges the following infringements of Convention No. 87:
       • - harassment of rural leaders of organisations affiliated to the Central of Nicaraguan Workers (CTN), in Jalapa and in the rest of the country;
       • - break-up of the rural workers' union in Rio Grande and Las Mojarras (Department of León) for being affiliated to the CTN; the CLAT also claims that the rural workers and their families are harassed, imprisoned and beaten and are accused of being counter-revolutionaries;
       • - arrest without grounds of Francisco Rodriguez Sotelo and harassment of Domingo Ortiz, both members of the Urban Transport Union (SIMOTUR), with the intention of breaking up the trade union organisation in the transport sector and the CTN;
       • - threats on the life of Benito Gómez for acting as adviser on union affairs to the IMA cotton mill and the Union of Petrol Station Workers in the Department of Chinandega;
       • - use of shock troops by the military Government to attack and divide organisations such as the Union of Petrol Station Workers, and painting of slogans on the walls of the CTN premises and of the homes of CTN leaders by government shock troops (the CLAT enclosed photographic evidence obtained in May 1983).
  295. 295 In a communication dated 22 June 1983, the WCL alleges the following violations of freedom of association;
       • - persecution, harassment, interrogation and threats by State Security agents against Hermógenes Aguirre Largaespada, Disputes Secretary of the Union of Employees and Manual Workers of Andese Induquinisa (STAI) affiliated to the CTN. According to the CTN this union leader was interrogated on ten occasions, during which he was questioned about the activities of CTN leaders and was pressed to become an informer for the State Security forces. Moreover, on 24 April 1983, a member of the Sandinista People's Army fired four shots at Hermógenes Aguirre's house after having insulted him and his family. The following day 20 people went to his house and to that of Larry Lee Shoures, President of the STAI, threatening to kill them and to set fire to their houses for being affiliated to the CTN and therefore counter-revolutionaries;
       • - dismissal on 26 January 1983 of five leaders of the Union of Workers of the Hacienda El Progreso under pressure from the police and the Sandinista Central of Workers (CST). They subsequently initiated legal proceedings and the court concluded that there were no grounds for dismissal and ordered their reinstatement. Although their employer did not appeal against the court order and asked the union leaders to return to their jobs, the mass organisations (which have 18 visibly armed members at the Hacienda) threatened to kill them if they did so;
       • - confirmation of the dismissal of eight employees of the National Bus Company (ENABUS) by the Departmental Inspectorate of the Ministry of Labour, after the court had ordered their reinstatement; they were allegedly dismissed for being members of SIMOTUR, which is affiliated to the CTN;
       • - arrest of Abelino González Páiz on 2 February 1983 in El Pijao district, north of Matagalpa, simply for being a member of the CTN, evidence of this is that he is currently being held without trial and without charges being brought against him at the central command post of Matagalpa.
  2. 2 The Government's reply
  296. 296 Referring to the dismissal of ENABUS employees, the Government states that in undertakings with a joint works committee, as at ENABUS, all dismissals must be examined by the committee to determine whether or not there are valid grounds. The ENABUS joint committee accordingly met on 18 January 1983 to examine the dismissals referred to in the complaint but failed to reach agreement. However, a collective agreement between the undertaking and its employees which stipulates that, if the joint committee fails to reach agreement, the matter shall be referred to the Ministry of Labour whose decision is final. The undertaking therefore wrote to the Departmental Labour Inspector on 19 January 1983 to request the cancellation of the contracts of eight workers on the grounds that they had refused to continue providing transport services on 24 and 31 December 1982. The workers were notified but, when summoned to state their case, did not do so. Meanwhile, on 21 January 1983, three days after the undertaking had submitted the case to the Ministry of Labour as required by the collective agreement, the workers initiated legal proceedings against the undertaking before the second labour court with a view to their reinstatement.
  297. 297 The Government adds that the Ministry of Labour continued to hear the case and invited the parties to submit evidence. Until then, the workers had entered a plea of res judicata and incompetence on the grounds that the Labour Court had heard the same case and had decided in their favour. The court of first instance considered that the fact that the undertaking had reinstated the workers signified acceptance of the claim by the defendant. The undertaking' appealed against this ruling, but its appeal was rejected; it thereupon submitted the matter for consultation to the Higher Labour Tribunal, which confirmed the decision of the court of first instance as to the reinstatement of the workers but decided in favour of the undertaking to the extent that, juridically speaking, it had not accepted the claim and was therefore still entitled to establish its rights before the competent labour authorities. The Ministry of Labour consequently continued hearing the case and, by resolution of 12 April 1983, endorsed the cancellation of the workers' contracts. The workers thereupon appealed against the resolution and the case was brought before the General Labour Inspectorate which, by resolution dated 18 May 1983, ordered that the workers should be reinstated and that such wages as were due to them should be paid.
  298. 298 The Government concludes that at no moment did the Ministry of Labour act in a deceitful way towards the workers or go against any court decision; on the contrary, the decision handed down by the Higher Labour Tribunal recognised the competence of the Ministry of Labour to continue hearing the case.
  3. 3 Information concerning the case contained in the mission report of the Director General's representative
  299. 299 The section of the report of the Director-General's representative which deals with this case reads as follows:
• I received information and comments from the Government on most of the remaining allegations. As regards the arrest of Abelino González Páiz, his name appears on the lists passed on to, the authorities with a request for information regarding the detainees cited. The various allegations and government replies' are outlined below.
• Harassment of rural leaders of organisations affiliated to the CTN, in Jalapa and in the rest of the country. The Ministry of Labour says that it has no record of any rural trade union affiliated to the CTN in the Jalapa area. However, it is common knowledge that the area is a military emergency area which, according to the authorities, is constantly being stirred up by counter-revolutionary elements.
• Break-up of the rural workers' union in Rio Grande and Las Mojarras (Department of Léon) for being affiliated to the CTN. The CLAT also claims that the rural workers and their families are harassed, imprisoned and beaten, and accused of being counter-revolutionaries. The Government points out that the complaint contains no explanation of how or by whom the trade union was broken up. The fact is that the Hacienda Rio Grande, a property belonging to the Nicaragua Sugar Estates Limited, was sold and that the contracts of work were terminated. The workers filed a claim against the undertaking which the labour court ordered to pay appropriate compensation.
• Arrest without grounds of Francisco Rodriguez Sotelo and harassment of Domingo Ortiz, both members of the Urban Transport Union (SIMOTUR), with the intention of breaking up the trade union organisation in the transport sector and the CTN. The Government explains that Francisco Rodriguez was held for two days for having removed public documents from a worker's file. His detention was therefore ordered in accordance with civil and penal law, and he was released after handing over the document. As to Domingo Ortiz, the Government denies categorically that he has been harassed.
• Threats on the life of Benito Gómez for acting as adviser on union affairs to the INA cotton mill and to the Union of Petrol Station Workers in the Department of Chinandega. The Government states that, in the absence of more precise information regarding the place, date and substance of the threat, it is impossible to investigate the matter.
• Use of shock troops by the military government to attack and divide organisations such as the Union of Petrol Station Workers. According to the Government, this is a libel as the split that occurred in the Union is merely a reflection of the split in the CTN. Both factions within the union claimed to represent the organisation and levelled accusations against each other until they eventually requested the mediation of the Ministry of Labour. At the extraordinary general assembly that was held to decide which of the two executive committees enjoyed majority support, the pro-CTN group led by Mr. Jarquín won the day.
• Dismissal on 26 January 1983 of five leaders of the Union of Workers of the Hacienda El Progreso under pressure from the police and the Sandinista Central of Workers. Despite a court order to reinstate them, the mass organisations (which have 18 visibly armed members at the Hacienda) threatened to kill them if they returned. The Government says that the information provided by the complainants is too scanty for it to reply, as there is no indication where the Hacienda El Progreso is located and there are over a 100 plantations with the same name.
• Painting of slogans on the walls of the CTN premises and of the homes of CTN leaders by Government-backed gangs. The Government says that it is alarmed that it should be blamed even for slogans painted by individuals or workers opposed to the CTN. The same tactics are used against other currents in the trade union movement but have not been denounced because the workers consider that they are part of inter-union rivalry. Acts of this kind escape the control of any government, as they are usually perpetrated clandestinely. As far as shock troops are concerned, the Government categorically denies maintaining any and insists that it does not get mixed up in inter-union conflict and rivalry."
• Case No. 1208
  1. 1 The complainant's allegations
  308. 308 In its communication dated 9 May 1983, the Central of Nicaraguan Workers (CTN) alleges that two members of the national executive committee of the CTN, Germán Cabrera Rios and his brother Gregorio, were arrested on 21 November 1982, since when no charge has been brought against them.
  309. 309 The CTN also alleges that on 2 March 1983 it learned of the arrest of Domingo Rios Solano, a local peasant leader of the La Esperanza plantation (Nueva Guinea), and that Constantino Pettieng Vargas, a member of the national executive committee of the CTN, and Salomón Diaz Fernández, a local leader of the Yolaina plantation, were arrested on 17 April 1983.
  2. 2 The Government's reply
  310. 310 In its communication dated 29 August 1983, the Government states that Germán and Gregorio Cabrera Rios were arrested on suspicion of being implicated in the murder of Ahmed Campos but have since been released. The Government adds that, in any country in the world were someone has been murdered, the competent authorities are legally empowered to take any suspect into custody in order to carry out the necessary investigations - which is what occurred in this case. The arrest of the two brothers therefore has nothing to do with trade union activities.
  311. 311 The Government further states that Constantino Pettieng Vargas and Domingo Rios Solano were released on 15 May and 19 July 1983, respectively.
  3. 3 Information concerning the case contained in the mission report of the Director-General's representative
  312. 312 In the mission report, the Director-General's representative indicates that Salomón Diaz Fernández is being held for counter-revolutionary activities.

B. B. The Committee's conclusions

• Case No. 1007
  3. 3 The Committee's conclusions
  231. 231 The Committee notes the information obtained on this case by the mission.
  232. 232 With respect to the death of Jorge Salazar Argüello, Vice-President of COSEP, the Committee notes that, according to information contained in the mission report, the legal text in virtue of which a military court was dealing with this case is the Act concerning the organisation of military courts and provisional military penal proceedings, of which section 18 reads as follows: "the Military Courts shall be responsible for conducting penal proceedings in connection with any punishable act in which a number of the military personnel is implicated, even if one or more of the participants or the victims are civilians". The Committee notes that because of difficulties of coordinating times with the responsible official, the representative of the Director-General was unable to take the necessary steps to obtain the text of the judgment of the Military Court on the military personnel responsible for the death of the employer leader, Jorge Salazar Argüello, which was handed down some time ago. The Committee deeply regrets that the Government has not yet supplied the text of the judgment in question. It accordingly urges the Government to send the text of this judgment at an early date.
  233. 233 As regards the allegation concerning the arrests and prison sentences of employer leaders, the Committee had noted, in its 218th Report, that the Supreme Court of Justice had ordered the court of first instance to institute criminal proceedings against the persons in question for crimes against the security of the State and other crimes. In this respect, the Committee notes with interest that, according to information obtained by the representative of the Director-General during his meeting with the President of the Supreme Court of Justice, the public prosecutor did not present any criminal grounds for investigating the crime to which his attention had been drawn by the Court and no case was opened. The Committee also notes that all the persons involved are at liberty and, according to the President of the Supreme Court of Justice, the matter is therefore closed. The Committee would recall that the preventive detention of leaders of workers' and employers' organisations for activities connected with the exercise of their rights is contrary to the principles of freedom of association.
  234. 234 The allegation concerning the interference of the National Sandinista Liberation Front (FSLN) by promoting parallel pro-government organisations still needs to be examined; to be precise, these organisations are the Confederation of Professional Associations, Heroes and Martyrs - CONAPRO "HEROES AND MARTYRS" - and the National Union of Farmers and Stock-Breeders - UNAG; the former had allegedly taken away a seat in the Council of State from the (independent) Confederation of Professional Associations, which groups together most of the independent workers; the latter had been given two seats in the Council of State, despite the fact that the organisation which truly represents the agricultural and fishery sector is the Union of Agricultural and Fishery Producers.
  235. 235 With respect to this allegation, the authorities pointed out to the representative of the Director-General that the question of the representation of the various organisations on the Council of State is a political issue. The Committee was able to examine the text of the Fundamental Statute of the Republic and the Revised Fundamental Statute of 2 May 1981 (included amongst the documents appended to the report of the representative of the Director-General) of which sections 16, 17 and 18 lay down the composition of the Council of State. A comparison of the text of the Statute and its revised version of 2 May 1981 shows that the number of members of the Council of State (belonging to political, people's, trade union, co-operative and social organisations or private undertakings) increased from 23 to 51; furthermore, the (independent) Confederation of Professional Associations of Nicaragua (CONAPRO) was no longer represented by virtue of the reform and two additional members of the Council of State have taken its place: the National Confederation of Professional Associations, Heroes and Martyrs, and the National Union of Farmers and Stock-Breeders. According to sections 17 and 18 of the Statute, the Council of State is empowered to make legislative proposals to the Junta of the Government and to draw up a draft political constitution. Furthermore, section 9 of the Statute stipulates that the Junta of the Government, the Council of State and the law courts are State authorities. In these circumstances, the Committee considers that the participation of workers' and employers' organisations in this Council should not infringe the principles of freedom of association, which implies the strict application of criteria on the basis of which the representativity of these organisations may be determined. Moreover, the participation of these organisations in the Council should not deprive other organisations of this right to defend the interests of their members.
• Case No. 1129
  3. 3 The Committee's conclusions
  239. 239 The Committee notes that, according to the report of the Director-General's representative, the leaders of the CTN state that the ban on their leaving the country has now been lifted. The Director-General's representative notes in his report that, during his mission, the Secretary-General and Legal Adviser of the CTN were on a visit to the United States. The Government, for its part, has denied that CTN leaders are forbidden to leave the country. In these circumstances, the Committee considers that this allegation does not call for further examination.
  240. 240 With regard to the allegations of physical attacks by the authorities on CTN members working on state-controlled banana estates and sugar plantations and of sugar workers affiliated to the CTN being prevented from entering their work centres, the Committee observes that, although the Director-General's representative has discussed the matter with the leaders of the CTN, they have not supplied any further information on the allegations but have merely indicated that the physical attacks are continuing.
  241. 241 The Committee further notes that the Director-General's representative suggested to the Ministry of Labour officials that it might be useful for the Ministry to contact the ministry responsible for agrarian reform so as to obtain further information and draw its attention to the allegations. In these circumstances, and though the Committee is aware that, as the Government points out, the allegations, do not contain all the relevant details, it requests the Government to follow up the suggestion made by the Director-General's representative. In addition, the Committee requests the complainant to transmit any further information it may have concerning this matter.
  242. 242 As to the alleged threats against the lives of trade union leaders by official militia, the Committee does not share the Government's view that the complainants have not given sufficient details. According to the allegations, the lives of Luis Mora, President of the Press Workers Union, and Salvador Sánchez were threatened by the official militia while they were in custody. It is further alleged that the police attempted to make Salvador Sánchez sign a statement against the CTN. The Committee therefore requests the Government to order an investigation of the allegations and to keep it informed of its findings.
• Case No. 1169
  5. 5 The Committee's conclusions
     • (a) Allegations pending from the previous examination of the case
  265. 265 The Committee observes that, in its 222nd Report, it noted that the SEEOMC leaders Felipe Alonso and Alejandro Arnuero had been released but requested the Government to indicate the precise grounds for their arrest. The Committee regrets that the Government merely indicated in general terms to the Director-General's representative that the union leaders concerned were arrested for disturbing the peace without giving any further details of the charges against them.
  266. 266 The Committee notes, moreover, that according to the Government no coercion was at any time used by the authorities to oblige Denis Maltes to relinquish his union post. Since the Government denies this allegation and in the absence of further details from the complainant, who has given no indication of who allegedly coerced Denis Maltes, the Committee considers that this allegation does not call for further examination.
  267. 267 With regard to the allegation that union leaders Zacarías Hernández and Isabel Somarriba left the country because of persecution and harassment by the State security forces, the Committee notes the Government's statement that both of them left the country legally. Since the complainant has not explained in what way these trade union leaders were supposedly harassed or persecuted, the Committee considers that it does not have sufficient information at its disposal to reach any conclusion on the matter.
  268. 268 The Committee notes further that, according to the mission report, the Government denies the allegation made on 12 November 1982 that there was collusion between the authorities and the management of the harbour enterprise to hold an assembly of the SEEOMC on 18 December 1982 to appoint non-union members to an executive body sympathetic to the political interests of the Government. On this point, the Committee wishes to emphasise that the additional information sent by the complainant in a communication dated 28 March 1983 contains no details of what happened at the assembly on 18 December 1982 and, specifically, omitted to mention whether or not non-union members participated in it. Moreover, Ministry of Labour officials informed the Director-General's representative that most of the members of the supposedly pro-Government executive committee appointed on 18 December 1982 were those who were subsequently cited in a complaint against the Government submitted to the Committee on Freedom of Association and that the President of the executive committee, Danilo Contreras, is mentioned in a letter of 28 March 1983 from the complainant, Zacarías Hernández, as a victim of repression by the Ministry of Labour and the military authorities. In these circumstances, and since the Government denies the allegations, the Committee considers that the matter does not call for further examination.
  269. 269 Finally, the Committee notes the information supplied by the Government with respect to the SEEOMC's statement concerning Zacarías Hernández.
       • (b) New allegations concerning the SEEOMC presented by Zacarías Hernández
  270. 270 The Committee notes that, according to the mission report, the Government denies the allegation that 120 SEEOMC members and leaders have been arrested. It notes further from the Government's statements to the Director-General's representative that SEEOMC leaders Danilo Contreras and René Argeñal left the country voluntarily after having illegally appropriated funds belonging to the SEEOMC.
  271. 271 Since the versions of the complainant and of the Government are contradictory, the Committee considers that these allegations do not call for further examination.
  272. 272 The Committee requests the Government to send its observations on the allegation that the Ministry of Labour has been recommending union organisations to affiliate to the Sandinista Central of Workers (CST) and that copies of the by-laws of trade union organisations, on paper bearing the Ministry of Labour letterhead, have been deposited at the headquarters of the CST so that it can register the recently constituted organisations among its members.
• Allegations concerning the assemblies convened by the SEEOMC, trade union legislation and the withdrawal of a union leader's passport
  273. 273 With regard to the allegation that, on 21 May 1983, 11 CUS leaders were insulted, physically aggressed and threatened in the vicinity of the Nora theatre where an extraordinary general assembly of the SEEOMC was to be held to ratify the union's withdrawal from the Sandinista Central of Workers, the Committee notes that the authorities informed the Director-General's representative that the SEEOMC's executive committee refused to allow some 60 non-members (whom at least most of the Executive Committee had agreed to allow to participate in the assembly) to enter the meeting room, whereupon the workers who had been refused entry, along with many of the members already in the theatre, prevented the CUS leaders from entering and began to push them away, but without any other form of violence. According to the Government, no members of the police force were near the place where the assembly was to be held, but only an army jeep.
  274. 274 The Committee observes that the complainant's version of the incident differs from that of the Government. According to the complainant the CUS leaders were physically assaulted (that is to say, were punched and kicked) by members of the Battalion of Militias 40-18 and of the private police of the Corinto harbour administration and by persons brought specially from the city of Chinandega, as well as by some non-union workers employed by the Corinto harbour administration. According to the Government, there was merely a certain amount of pushing by union members and by about 60 workers not allowed into the meeting room who had been prevented from joining the union despite the Executive Committee's assurances that they would be able to do so and participate in the assembly.
  275. 275 The Committee concludes that the Government's version, in any case, is that the incidents that took place on 21 May 1983 were the result of problems connected with the internal administration of the SEEOMC, together with some degree of union rivalry, and involved union members and workers wishing to join the union, whereas the complainant blames the authorities and persons or groups unconnected with the union. In these circumstances, the Committee considers that it is not in a position to reach any conclusions on the matter.
  276. 276 The Committee further notes that, according to the information given to the Director-General's representative by the authorities, during the meeting at the Ministry of Labour on 23 May 1983 there were no violent threats by the leaders of the Sandinista Central of Workers against the leaders of the SEEOMC but merely mutual recriminations.
  277. 277 Concerning the alleged restrictions on the right to strike and to bargain collectively contained in Decree No. 955, the Committee observes that this Decree is no longer in force and that the Committee of Experts on the Application of Conventions and Recommendations will consider at its March 1984 meeting the section of the report of the Director-General's representative dealing with trade union legislation and, specifically, the problems connected with strikes and collective bargaining.
  278. 278 Finally, the Committee observes that the Government has not replied to the allegation that SEEOMC leader Alejandro Arnuero, who was to take part in a congress of the international Transport Federation in Brazil, had his passport withdrawn without any valid reason. The Committee requests the Government send its observations on the matter.
• Allegations concerning the arrest of leaders of the SEEOMC
  279. 279 The Committee notes that, according to information obtained from the authorities by to the Director-General's representative, almost all the members of the executive committee, along with Alejandro Arnuero and Corrales Garcia, were arrested at the beginning of June 1983 on a charge of embezzlement of trade union funds (an audit conducted with the agreement of the executive committee revealed unjustified expenditure amounting to 41,066.95 córdobas). Because the financial irregularities covered the period of two committees, members of the previous executive body were also arrested. The Committee notes that all the persons concerned have now been released and that some of those whose whereabouts were unknown are back in circulation (the Committee takes it that this refers to Felipe Duarte and René Zamora). The Committee requests the Government to send the text of the final decision handed down in the matter of the alleged embezzlement of trade union funds.
• Allegations concerning the recognition of the legal personality of the trade union of workers in various undertakings in the sugar sector - "Faustino Martínez", "Refinería Nicaragüense del Azçcar" and "Nicaragua Sugar Estates Limited".
  280. 280 The Committee notes that the President of the Supreme Court of Justice informed the Director-General's representative that the Court's delay in making known its decision on this trade union's request for legal personality was not intentional but was due to its backlog of work. According to the President of the Court, the final decision should be handed down in December 1983 or January 1984.
  281. 281 In these circumstances, the Committee requests the Government to send the text of the Court's decision so that it can reach conclusions on the allegations with all relevant information at its disposal.
• Allegations concerning repression of non-Government-backed organisations connected with the CUS
  282. 282 The complainant refers specifically to the searching of the premises of the Federation of Workers of Estelí (FTE) and the Federation of Workers of Chinandega (FETRACHI) (whose leaders were also allegedly brutally beaten) and to the "witch-hunt" organised by the "mass organisations" and even the Sandinista police against union leaders and militants of the Federation of Rural Workers of Carazo.
  283. 283 The Committee notes that, according to the authorities' statement to the Director-General's representative, the FTE was initially affiliated to the CUS and had acquired a house prior to the Revolution; subsequently, the members of the FTE joined the Sandinista Central of Workers (CST). According to the Government there was no search; in fact, the CUS attempted to take over the house, which did not belong to it, but was prevented from doing so by those who were occupying it.
  284. 284 The Committee agrees with the Government that the allegation of an organised "witch-hunt" organised against union leaders and militants of the Federation of Rural Workers of Carazo is too vague.
  285. 285 The Committee requests the Government to send its observations on the allegations concerning the searching of the premises of FETRACHI and the use of aggression against its leaders.
• Allegations concerning the arrest of union leaders and members
  286. 286 The Committee notes the information given to the Director-General's representative by the Government that some of the trade unionists allegedly arrested in the Department of Nueva Segovia were never in fact arrested and enjoy complete freedom - namely, Miguel Salcedo, Ramón González, Heriberto Rodriguez, Santos Giménez, Bernabé Larios Morga, José Moreno Dávila, Abel López José Moreno and Santos Guerrero. The Committee also notes that Bismarck Garcia, Orlando Mendoza Laguna, Manuel Antonio Zeledón Cano and Miguel Salgado Báes were arrested on a charge of disrupting law and order but are now free. The Committee regrets that the Government has not indicated the precise grounds on which these trade unionists were arrested but merely gives the name of the Act (Act guaranteeing law and order) that they are said to have contravened. The Committee would accordingly, again request the Government to transmit information on this matter.
  287. 287 The Committee also notes the contradiction between the information supplied by the Government to the Director-General's representative concerning the alleged arrest of seven trade unionists in the Department of Nueva Segovia (claiming that they were never arrested) and the list supplied by the CTN, which reads as follows:
• "Fuentes Mónico, arrested in Jalapa, Nueva Segovia, on 17 October 1982; imprisoned in Estelí by order of State security forces without being brought for trial; whereabouts currently unknown.
• González Nicolás, arrested in Jalapa, Nueva Segovia, on 17 October 1982; currently held in Estelí by order of State security forces; has not been brought for trial.
• Ponce Santacruz Santos, arrested in Jalapa, Nueva Segovia, on 17 October 1982; still being held without trial in Estelí by order of State security forces.
• Ramos Victoriano, Secretary-General of the Grape Communities, arrested on 17 October 1982, held without trial in Estelí by order of State security forces.
• Canales Agustín, arrested in Managua on 18 November 1982; from Jalapa, Nueva Segovia, was transferred to the prison in Estelí without being brought for trial; whereabouts unknown.
• López Centeno Saturnino, arrested on 17 October 1982 in Jalapa, Nueva Segovia; currently being held in Estelí by order of State security forces; has not been brought for trial.
• Larios Cornejo Santos, arrested on 17 October 1982 in Jalapa, Nueva Segovia; currently being held in Estelí by order of State security forces; has not been brought for trial."
  288. 288 The Committee requests the Government to send its observations on this information passed on to the Director-General's representative by the CTN.
  289. 289 The Committee also requests the Government to send its observations on the other allegations of arrests to which it has not replied, involving the following union leaders or members: Crescencio Carranza, Guillermo Salmerón Jiménez, Fidel López Martínez, Rito Rivas Amador, José Angel Altamirano, Mercedes Hernández, Reynaldo Blandón, Iván Blandón, Víctor Ríos, Erik Luna, José Angel Peñalosa, Napoleón Aragón, Eleázar Marenco, Juan Ramón Duarte and his brother, Anacleto Rayo Torres, Ricardo Meza Salgado, Cándido Arbizu Ocón, Candelario Jarquín Miranda, Alejo Flores Castillo, Miguel Flores Castillo, Nicolás Orozco Martínez, Esteban Orozco Martínez, Maximino Flores Obando, Estanislao Cano Mayorga, José Miranda Pérez, Anastasio Jiménez Maldonado, Gabriel Jiménez Maldonado, Arcadio Ortiz Espinoza, Santos Sánchez Cortedano, Jacinto Sánchez Cortedano, Napoléon Molina Aguilera and Juan Rivas (the latter, it would seem from the WCL's communication, has now been released).
  290. 290 The Committee notes that, according to information which the Director-General's representative received from the Government, the trade unionist Ricardo Cervantes Rizo was arrested for being a member of the Sandino Revolutionary Front, organising meetings in Managua and attempting to recruit new members for the cell, and Juan Pablo Martinez was arrested for belonging to an intelligence network of the Nicaraguan Democratic Force. The Committee considers that the matters referred to by the Government concern political rather than trade union activities. The Committee also notes that trade unionists Daniel García Hernández and Allán Robles Reynosa have now been released.
  291. 291 Finally, the Committee observes that the Government has not sent its observations on the arrest of a number of trade unionists who the complainants state were subsequently released.
  292. 292 In general terms, in addition to expressing its serious concern at the large number of arrests of trade union leaders and members whose names are cited in the allegations, to most of which the Government has not yet replied, the Committee wishes to point out that measures designed to deprive trade union leaders and members of their freedom entail a serious risk of interference in union activities and that, when such measures are taken on trade union grounds, they constitute an infringement of the principles of freedom of association.
• Other allegations
  293. 293 Finally, the Committee observes that the Government has not replied to the allegations that rural workers of WASAKA affiliated to the CTN have been interrogated and threatened with imprisonment and that Eugenio Membreño and other members of the CTN executive committee have been threatened and intimidated in their homes. The Committee requests the Government to send its observations on the matter.
• Case No. 1185
  4. 4 The Committee's conclusions
  300. 300 The Committee notes with interest that, by resolution of 18 May 1983, the General Labour Inspectorate ordered the reinstatement of the eight trade unionists employed by ENABUS who, according to the complainants, were dismissed for being members of an organisation affiliated to the CTN.
  301. 301 With regard to the alleged harassment of rural leaders of organisations affiliated to the CTN in Jalapa, the Committee notes that, according to the Ministry of Labour, there is no record of any rural trade union affiliated to the CTN in the Jalapa area.
  302. 302 Concerning the arrest of Francisco Gómez Sotelo and harassment of Domingo Ortiz, both members of SIMOTUR, the Committee notes that, according to the Government, the former was held for two days for having removed public documents from a worker's file and was released after handing over the documents and that the Government denies that the latter has been harassed.
  303. 303 As to the threats on the life of union adviser Benito Gómez the Committee agrees with the Government that the allegations are insufficiently precise, particularly as they do not indicate the date, place, substance or origin of any such threat.
  304. 304 The Committee further notes that the Government considers slanderous the allegation that shock troops have been used by the military Government to attack and divide organisations such as the Union of Petrol Station Workers. The Committee observes that, according to the Government, there were two factions within the union but that an extraordinary general assembly was held to decide which of the two executive committees enjoyed majority support.
  305. 305 The Committee also notes that the Government considers that the alleged painting of slogans on the walls of the CTN premises and of the homes of CTN leaders by gangs is part of inter-union rivalry. The Government denies maintaining any such gangs and observes that slogans of this kind are usually painted clandestinely. On this point, the Committee considers that freedom of association implies the right of workers' and employers' organisations to resolve any difficulties by themselves and without interference by the authorities; the Committee also considers that it is for the Government to create an atmosphere conducive to the resolution of such difficulties.
  306. 306 The Committee takes note of the Government's comments to the Director-General's representative concerning the breaking up of the rural workers' union in Rio Grande and Las Mojarras (Department of León) and the harassment, imprisonment and beating of the rural workers and their families on grounds of being counter-revolutionaries. In view of the Government's observation that the complaint contains no explanation of how or by whom the trade union is supposed to have been broken up, the Committee requests the complainants to send further details on the alleged incidents. In order to enable the Government to send its own observations, the Committee also requests the complainants to indicate exactly in which locality five leaders of the Union of Workers of the Hacienda El Progreso were dismissed on 26 January 1983 and prevented from returning to work despite a court order to reinstate them, as the Government says that it cannot reply to the allegation because there are over a hundred plantations with the name of "El Progreso".
  307. 307 Finally, the Committee requests the Government to send its observations on the allegations to which it has not replied, namely those concerning the union leader Hermógenes Aguirre Largaespada and trade unionist Larry Lee Shoures and the arrest of trade unionist Abelino González Páiz.
• Case No. 1208
  4. 4 The Committee's conclusions
  313. 313 The Committee notes that Germán Cabrera Ríos and his brother Gregorio and Constantino Pettieng Vargas, all members of the national executive committee of the CTN, as well as Domingo Rios Solano, a local peasant leader of the La Esperanza plantation, have now been released.
  314. 314 The Committee also notes that, according to the Government, Germán and Gregorio Rios were taken into custody on suspicion of being implicated in a murder. The Committee observes, nevertheless, that the Government has not indicated the circumstances that led the authorities to conclude that such suspicion existed and that, judging from the date they were taken into custody (21 November 1982) and the date of the CTN's complaint (9 May 1983), the brothers were in any case held for more than five-and-a-half months. In these circumstances, and since no charge was brought against Germán and Gregorio Cabrera Rios, the Committee cannot but regret that these union leaders were held in custody for such a long period and draws the Government's attention to the fact that the preventive detention of union leaders involves a serious risk of interference in the activities of trade union organisations [See for example 214th Report, Case No. 1065 (Colombia), para. 417].
  315. 315 As to the arrest of Domingo Rios and Constantino Pettieng Vargas, the Committee observes that the Government has not explained the reasons for their arrest and that, judging from the date on which the Government says they were released, the period during which they were held in custody was four-and-a-half months in the first case and almost a month in the second. In these circumstances, the Committee considers that it must reiterate the principles and considerations set out in the previous paragraph.
  316. 316 Finally, with respect to the arrest of Salomón Díaz Fernández, local leader of the Yolaina plantation, the Committee notes that, according to the Government, this union leader is being held for counter-revolutionary activities. The Committee requests the Government to indicate whether Diaz Fernández is still in custody and to specify the precise charges against him.

The Committee's recommendations

1. 317. In these circumstances, the Committee recommends the Governing Body to approve the present interim report and, in particular, the following recommendations:
2. 1. General recommendations
   • (a) The Committee appreciates the spirit of co-operation that the Government has demonstrated by accepting that the Director-General's representative, during the direct contacts mission, could examine with the authorities the various aspects of the cases which were still pending and seek further information on them. The Committee observes that, thanks to the information obtained by the Director-General's representative, it has been able to examine a substantial number of the allegations to which the Government had not replied. However, the Committee regrets that the Government has not supplied detailed information on certain outstanding allegations.
   • (b) As regards the statement made by the Deputy Minister concerning the content of the complaints the Committee recalls that even if, in certain instances, the allegations have lacked some precision, it is required to examine them in all objectivity and to seek to obtain a maximum of information concerning them.
   • (c) The Committee wishes to express its serious concern at the large number of leaders and members of workers' and employers' organisations who have been arrested. The Committee considers that freedom of association can only be exercised in conditions in which fundamental human rights and in particular, the right to freedom from arbitrary arrest, are fully respected and guaranteed.
   • (d) The Committee observes from its examination of certain allegations and of the information supplied by the Government and from the mission report that acts of hostility between union organisations or within individual organisations occur rather frequently. The Committee considers that freedom of association implies the right of workers' and employers' organisations to resolve any difficulties by themselves, and without interference by the authorities; the Committee also considers that it is for the Government to create an atmosphere conducive to the resolution of such difficulties.
3. 2. Recommendations as to individual cases
   • Case No. 1007
     • (a) The Committee deeply regrets that the Government has not yet supplied the text of the judgment handed down by the military court on the military personnel responsible for the death of employer leader Salazar Argüello which was handed down some time ago; it urges the Government to transmit this judgment at an early date.
     • (b) The Committee notes with interest that the public prosecutor aid not bring any penal charges against certain employer leaders for offences against the security of the State and other offences. The Committee would recall that the preventive detention of leaders of workers' or employers' organisations for activities connected with the exercise of their rights is contrary to the principles of freedom of association.
     • (c) As regards the composition of the Council of State, the Committee considers that participation of workers' and employers' organisations in the Council should imply the strict application of criteria on the basis of which the representativity of these organisations may be determined; moreover, the participation of these organisations in the Council should not deprive other organisations of their right to defend the interests of their members.
   • Case No. 1129
     • (a) The Committee requests the Government to take up the suggestion of the Director-General's representative that the Ministry responsible for agrarian reform should obtain further information and be informed of the allegations that members of the CTN have been physically attacked by the authorities on state-controlled banana estates and sugar plantations and that sugar workers affiliated to the CTN have been prevented from entering their work centres; the Committee also requests the complainant to transmit any further information it may have concerning this matter.
     • (b) The Committee requests the Government to call for an investigation of the alleged threats by official militias against the lives of trade union leaders (specifically, Luis Mora and Salvador Sánchez) and to keep it informed of its findings.
   • Case No. 1169
     • (a) The Committee requests the Government to send its observations on the allegation that the Ministry of Labour has been recommending trade union organisations to join the Sandinista Central of Workers (CST) and that copies of the by-laws of trade union organisations, on paper bearing the Ministry of Labour letterhead, have been deposited at the headquarters of the CST so that it can register the recently constituted organisations among its members.
     • (b) The Committee observes that the Government has not replied to the allegation that SEEOMC leader Alejandro Arnuero, who was to take part in a congress of the International Transport Workers' Federation in Brazil, had his passport withdrawn without any valid reason. The Committee requests the Government to send its observations on the matter.
     • (c) The Committee requests the Government to send the text of the final decision handed down in the matter of the alleged embezzlement of SEEOMC funds.
     • (d) The Committee requests the Government to send the text of the judgment handed down on the granting of legal personality to the trade union of workers in various undertakings in the sugar sector ("Faustino Martinez" and others) so that it can reach conclusions on the allegations with all relevant information at its disposal.
     • (e) The Committee requests the Government to send its observations on the allegations concerning the searching of the headquarters of FETRACHI and the use of aggression against its leaders.
     • (f) The Committee regrets that the Government has not indicated the precise grounds for the arrest of a number of trade unionists who have now been released but merely gives the name o£ the Act that they are said to have contravened; it again requests the Government to transmit information on this matter.
     • (g) The Committee requests the Government to send its observations on the information passed on by the CTN to the Director-General's representative concerning seven trade unionists who, contrary to the claims of the Government, are allegedly still in custody.
   • The Committee also requests the Government to send its observations on the other allegations concerning arrests to which it has not replied, involving 33 union leaders or members.
     • (h) In general terms, the Committee draws the Government's attention to the fact that measures designed to deprive persons of their freedom entail a serious risk of interference in trade union activities and that, when such measures are taken on trade union grounds, they constitute an infringement of the principles of freedom of association.
     • (i) The Committee observes that the Government has not replied to the allegations that rural workers of WASACA affiliated to the CTN have been interrogated and threatened with imprisonment and that Eugenio Membreño and other members of the CTN executive committee have been threatened and intimidated in their homes. The Committee requests the Government to send its observations on the matter.
     • (j) The Committee considers that no further examination need be made of the allegations relating to the coercion of Denis Maltes; the persecution and harassment of Zacarías Hernández and Isabel Somarriba; the interference in the SEEOMC meeting on 18 December 1982; the detention of 120 trade union leaders and members of SEEOMC; and the physical attacks and threats against leaders of the CUS due to the SEEOMC meeting called for 21 May 1983.
   • Case No. 1185
     • (a) The Committee notes with interest that the General Labour Inspectorate has ordered the reinstatement of eight trade unionists employed by ENABUS who, according to the complainants, were dismissed for being members of an organisation affiliated to the CTN.
     • (b) The Committee requests the complainants to send further details regarding the alleged destruction of the premises of the rural workers' union in Rio Grande and Las Mojarras (Department of León) and to indicate exactly in which locality the five leaders of the Union of Workers of the Hacienda El Progreso were dismissed on 26 January 1983 and prevented from returning to work despite a court order to reinstate them (according to the Government, there are over a hundred plantations under the name of "El Progreso").
     • (c) The Committee requests the Government to send its observations on the allegations to which it has not replied, involving the union leader Hermógenes Aguirre Largaespada and trade unionist Larry Lee Shoures and the arrest of trade unionist Abelino González, Páiz.
   • Case No. 1208
     • (a) Since there is no record of any charges having been brought against the persons concerned, the Committee regrets that four union leaders should have been held in custody for a long time and draws the Government's attention to the fact that the preventive detention of union leaders entails a serious risk of interference in the activities of trade union organisations.
     • (b) The Committee notes that, according to the Government, the trade union leader Salomón Díaz Fernández is being held for counter-revolutionary activities and requests the Government to indicate whether he is still in custody and to specify the precise charges brought against him.