Rapport où le comité demande à être informé de l’évolution de la situation - Rapport No. 291, Novembre 1993

Cas no 1700 (Nicaragua) - Date de la plainte: 23-FÉVR.-93 - Clos

1. 298. In a communication sent to the Director-General of the International Labour Office on 7 December 1992, the International Organisation of Employers (IOE) reported the assassination of Mr. Arges Sequeira, an employers' leader and the Vice-President of the COSEP (the High Council of Private Enterprise), and an attack against the COSEP headquarters, and requested that the ILO intervene with the Government of Nicaragua. In a communication of 14 December 1992 the Director-General of the Office asked the Government to send its observations on these reports and to take all possible measures to identify those responsible for these acts and to halt the killings and other violations of freedom of association. The President of Nicaragua, Mrs. Violeta Chamorro, sent the Government's observations in a communication dated 29 December 1992.
2. 299. The complaint in this case concerns matters related to those underlying the request for intervention and was submitted in a communication from the International Organisation of Employers (IOE) dated 23 February 1993. Subsequently, in a communication dated 4 May 1993, this organization presented new allegations. The Government sent its observations in communications of 20 May and 26 August 1993.
3. 300. Nicaragua has ratified both the Freedom of Association and Protection of the Right to Organize Convention, 1948 (No. 87), and the Right to Organize and Collective Bargaining Convention, 1949 (No. 98).

A. The complainant's allegations

1. 301. In its communication of 23 February 1993, the International Organisation of Employers (IOE) alleges that the Vice-President of the High Council of Private Enterprise (COSEP), Mr. Arges Sequeira (who was also President of the Agricultural Producers' Union of Nicaragua, UPANIC) was assassinated on 23 November 1992, that the COSEP headquarters were bombed on 2 December 1992 and that various attacks were carried out against Nicaraguan employers' organizations. The complainant states that preliminary inquiries indicate that those responsible for these acts are members of the Nicaraguan army. The complainant also mentions that COSEP members have received threats, including the organization's President, Mr. Ramiro Guardian, a substitute member of the ILO Governing Body, who has received death threats.
2. 302. In its communication of 4 May 1993, the IOE states that the COSEP reported further death threats against Mr. Guardian, which had been denounced to the Minister of the Interior and the Government delegate, and that the threats had been made by members of the Punitive Leftist Front.

B. The Government's reply

1. 303. In a communication dated 29 December 1992, the President of Nicaragua, Mrs. Violeta Chamorro, condemns the killing of Mr. Sequeira and the attack against the offices of the High Council of Private Enterprise, and reports that inquiries are under way into these affairs.
2. 304. In its communication of 20 May 1993, the Government states that in December 1992 instructions were given for the necessary measures to be taken to protect Mr. Ramiro Guardian's life, and that two teams of bodyguards were assigned to protect him and his residence.
3. 305. Subsequently, in a communication of 26 August 1993, the Government states that judicial proceedings have begun against those responsible for the assassination of Mr. Sequeira (three former members of the military).

C. The Committee's conclusions

1. 306. The Committee observes that the allegations concern the assassination of the Vice-President of the High Council of Private Enterprise (COSEP), Mr. Arges Sequeira, death threats made against the COSEP President, Mr. Ramiro Guardian, and the attack against the COSEP headquarters.
2. 307. As regards the assassination of Mr. Sequeira, the Committee regrets the return to a climate of violence and deeply deplores the murder of this leader of an employers' organization. It takes note of the information supplied by the Government that judicial proceedings are being taken against those responsible for this murder (three former members of the military). It expresses the firm hope that the judicial proceedings under way will enable the guilty parties to be identified and severely punished. In these circumstances, the Committee requests the Government to keep it informed of the outcome of the trial and to send it the text of the ruling.
3. 308. As regards the death threats made against the COSEP President, Mr. Ramiro Guardian, the Committee observes that in December 1992 the Government took the necessary measures to protect this employers' leader and his residence. The Committee requests the Government to continue providing such protection for as long as his life is in danger.
4. 309. As regards the bomb attack against the COSEP headquarters on 2 December 1992, the Committee notes that an inquiry is under way. While regretting that this inquiry does not yet appear to have been completed, the Committee points out that a climate of violence such as one in which the premises and property of workers' and employers' organizations are attacked is a serious obstacle to the exercise of their rights, and that such acts require severe measures to be taken by the authorities. The Committee therefore asks the Government to step up the inquiry under way and to inform it of its outcome.
5. 310. Finally, the Committee expresses its concern regarding the acts of violence alleged in this case, and would like to draw the attention of the Government to the fact that the rights of workers' and employers' organizations can only be exercised in a climate that is free from violence, pressure or threats of any kind against these organizations' leaders and members, and that it is for governments to ensure that this principle is respected. The Committee expresses the firm hope that the Government will take all possible measures to ensure respect of this principle.

The Committee's recommendations

1. 311. In the light of its foregoing conclusions, the Committee invites the Governing Body to approve the following recommendations:
   • (a) The Committee regrets the return to a climate of violence in Nicaragua and deeply deplores the murder of Mr. Sequeira, leader of an employers' organization. It notes that judicial proceedings have been initiated against those responsible (three former members of the military) for the death of Mr. Sequeira, and expresses its firm hope that these proceedings will enable the guilty parties to be identified and severely punished. The Committee requests the Government to keep it informed of the outcome of the trial and to send it a text of the ruling.
   • (b) The Committee observes that in December 1992 the Government took the necessary measures to protect the COSEP President, Mr. Ramiro Guardian, who had received death threats, and his residence. The Committee requests the Government to continue to provide such protection to this employers' representative for as long as his life is in danger.
   • (c) Regretting that the inquiry into the bomb attack against the COSEP headquarters on 2 December 1992 still does not appear to have been concluded, the Committee points out that a climate of violence such as one in which the premises and property of workers' and employers' organizations are attacked is a serious obstacle to the exercise of their rights, and that such acts require severe measures to be taken by the authorities. The Committee requests the Government to step up the inquiry under way into this attack and to keep it informed of its outcome.
   • (d) The Committee expresses its concern at the acts of violence alleged in this case, and would like to draw the attention of Government to the fact that the rights of workers' and employers' organizations can only be exercised in a climate that is free from violence, pressure or threats of any kind against such organizations' leaders and members, and that it is for governments to ensure that this principle is respected. The Committee expresses its firm hope that the Government will take all possible measures to ensure respect of this principle.