Observation (CEACR) - adopted 2024, published 113rd ILC session (2025)

Freedom of Association and Protection of the Right to Organise Convention, 1948 (No. 87) - Nicaragua (Ratification: 1967)

The Committee notes the observations of the International Organisation of Employers (IOE) received on 1 September 2024 reiterating the comments made to the Conference Committee on the Application of Standards (Conference Committee) in June 2024 on the application of the Convention by Nicaragua.

Complaint under article 26 of the ILO Constitution

The Committee recalls that at its 349th Session, in October 2023, the Governing Body declared receivable a complaint made under article 26 of the Constitution by a group of Employer delegates to the International Labour Conference in 2023, alleging non-observance by Nicaragua of the Convention, and of the Right to Organize and Collective Bargaining Convention, 1949 (No. 98), the Discrimination (Employment and Occupation) Convention, 1958 (No. 111), and the Tripartite Consultation (International Labour Standards) Convention, 1976 (No. 144). The Committee notes that at its 350th Session, in March 2024, the Governing Body: (i) noted the deep concern of the Committee and the Conference Committee in their latest examination of the implementation by the Government of Nicaragua of the Conventions that are the subject of the article 26 complaint; (ii) urged the Government to address, as a matter of urgency, the serious compliance gaps identified and to accept ILO technical assistance to that effect; (iii) requested the Government and the social partners to provide detailed information on all the issues raised in the complaint to the 352nd Session (October–November 2024); (iv) deferred to its 352nd Session the decision to consider further action in respect of the article 26 complaint, in light of the follow-up given to the above.

The Committee also notes that, at its 352nd Session in November 2024, the Governing Body: (i) reiterated the deep concern expressed by the Committee and by the Conference Committee in their latest examination of the implementation by the Government of Nicaragua of the Conventions that are the subject of the article 26 complaint; (ii) deplored the lack of meaningful engagement of the Government, and the fact that it had responded to none of the Office communications and had not provided the information requested by the Governing Body; (iii) urged the Government to address the issues raised in the complaint as a matter of urgency; (iv) called on the Government to respond to the Office communications and to provide the information requested since the 350th Session (March 2024) of the Governing Body as soon as possible; and (v) decided to send a high-level tripartite mission to assess the issues raised in the complaint, and to provide a full report to the Governing Body at its 353rd Session (March 2025) and to defer the decision on further action in accordance with article 26 of the Constitution to that session.

Follow-up to the conclusions of the Committee on the Application of Standards (International Labour Conference, 112th Session, June 2024)

The Committee notes the discussion that took place in the Conference Committee at the 112th Session (2024) and observes that, having deeply deplored the persistent climate of intimidation and harassment of independent workers’ and employers’ organizations and having noted with deep concern the allegations of the arrest and detention of employer leaders and the further deterioration of the situation, the Conference Committee urged the Government, in the strongest terms, to:

• ensure that workers and employers can establish their own organizations and operate without interference and, in that regard, ensure that the Higher Council for Private Enterprise of Nicaragua (COSEP) is able to operate again without previous authorization in line with Article 2 of the Convention;
• immediately cease all acts of violence, threats, persecution, stigmatization, intimidation or any other form of aggression against individuals or organizations in connection with the exercise of legitimate activities of both trade unions and employers’ organizations, and adopt measures to ensure that such acts are not repeated;
• ensure that representatives of employers’ organizations who have been deprived of Nicaraguan nationality have it restored without delay;
• take all measures necessary to ensure that there is a climate free of fear and intimidation regarding the exercise of freedom of association rights;
• immediately release any employer or trade union member who may be imprisoned in connection with the exercise of the legitimate activities of their organizations and report on all the measures adopted to ensure compliance with such request;
• restore social dialogue with its independent social partners without further delay including the establishment of a tripartite dialogue round table under the auspices of the ILO, as recommended by the Conference Committee in 2022 and 2023;
• provide information on all the measures adopted to ensure that effect is given to each of the recommendations made by the Conference Committee and on any progress achieved in the implementation of these measures.

The Conference Committee also urged the Government to fully respect these conclusions and to avail itself of the technical assistance of the ILO to ensure full compliance with them.

Trade union rights and civil liberties. The Committee notes the deep concern expressed by the Conference Committee with regard to the allegations of the arrest and detention of employer leaders and the further deterioration of the situation and regrets to note that the Government does not indicate that it has taken any measures to give effect to the recommendations made in this respect. The Committee notes that a report by the Office of the United Nations High Commissioner for Human Rights published on 3 September 2024 refers to continued human rights violations and the erosion of civic and democratic spaces. The report indicates that the human rights situation in Nicaragua has seriously deteriorated since last year, with increasing cases of arbitrary detentions, intimidation of opponents, ill-treatment in custody and violations of the rights to freedom of expression, association and assembly. The report also indicates that, in August 2024, 1,700 organizations were shut down in the most severe blow inflicted to civil society, bringing the total number of dissolved organizations to over 5,000 since 2018. The Committee also notes that on 1 October 2024, the Inter-American Commission on Human Rights filed a case against Nicaragua with the Inter-American Court of Human Rights concerning the violation of trade union rights in Nicaragua.

The Committee, in the same way as the Conference Committee, deeply deplores the persistent climate of intimidation and harassment of independent workers’ and employers’ organizations and reiterates its deep concern regarding the allegations of the arrest and detention of employer leaders since last year and the further deterioration of the situation. The Committee recalls that the interdependence of respect for fundamental rights and freedom of association implies, in particular, that the public authorities cannot interfere in the legitimate activities of organizations by means of arrests or arbitrary detention (see the 2012 General Survey on the fundamental Conventions, paragraph 60). The Committee notes with deep concern that the Government does not indicate that it has taken any measures to give effect to the requests of the Conference Committee in 2022, 2023 and 2024, nor does it refer to the possibility of availing itself of ILO technical assistance in this regard. The Committee therefore once again urges the Government, in the strongest possible terms, to adopt as soon as possible, in consultation with the social partners, each and every measure that it has been urged to take by the Conference Committee. It also requests the Government to provide information on any progress achieved in the implementation of these measures. The Committee once again urges the Government, with a view to achieving tangible progress in this regard, to have recourse to ILO technical assistance to ensure full compliance with its obligations under the Convention. Finally, the Committee hopes that the high-level tripartite mission can take place as requested by the Governing Body.

Article 2 of the Convention. Right of workers and employers, without distinction whatsoever, to establish and to join organizations without previous authorization. The Committee observes that in 2023 and 2024, the Conference Committee urged the Government to ensure that workers and employers can establish their own organizations and operate without interference, and, in this regard, that COSEP, Nicaragua’s most representative employers’ organization, the legal status of which was annulled through a ministerial decision of 2023, can again operate without previous authorization, in accordance with Article 2 of the Convention. The Committee notes the Government’s indication in this regard that: (i) full freedom of association exists in the country and the Government is continuing to take initiatives in support of the right of workers to organize; and (ii) trade union organizations play a leading role in defending labour rights and it is not a crime in the country to carry out trade union activities, as long as this is done in accordance with laws and regulations in force. The Government indicates, as it has done in previous reports, that since 2007 it has been working to ensure the restoration and protection of the labour rights of workers through ongoing, inclusive and participatory social dialogue and consensus as the principal means of achieving labour stability and peace. The Government also notes that it has been carrying out tripartite dialogue in accordance with the recommendations of the Conference Committee. The Government indicates that there are no new legal status applications pending approval for trade unions in the country and that this shows that attention is given and that there is political will to ensure that organized workers develop their own plans for carrying out trade union activities. While noting these indications, the Committee regrets to note that the Government merely reiterates general assertions without providing specific information on the measures that it has been urged to take by the Conference Committee. The Committee recalls that Article 2 of the Convention guarantees all workers and employers, without distinction whatsoever, the right to establish and, subject only to the rules of the organization concerned, to join organizations of their own choosing. The Commission also recalls that the principal objective of the Convention is to protect the autonomy and independence of workers’ and employers’ organizations in relation to the public authorities, both in their establishment and in their functioning and dissolution (see the 2012 General Survey on the fundamental Conventions, paragraph 55). Referring to the recommendations of the Conference Committee, the Committee urges the Government to take all the necessary measures to ensure the full application of the Convention. The Committee requests the Government to provide information on any measures taken in this respect.

Article 3. Right of workers’ organizations to organize their activities in full freedom and to formulate their programmes. For over a decade the Committee has been referring to the need to take measures to amend sections 389 and 390 of the Labour Code, which provide that collective disputes shall be referred to compulsory arbitration once 30 days have elapsed after the calling of a strike. The Committee notes the Government’s indication that, while compulsory arbitration is the most extreme measure in the event of failure to obtain absolute consensus in collective bargaining, such a measure has not been implemented in recent times thanks to the correct use of alternative methods for labour dispute resolution. The Government indicates that the Ministry of Labour establishes dialogue and consensus round tables in the event of collective disputes, where the administrative body participates as a facilitator in seeking a rapid and effective solution for the parties. The Government indicates that the successful outcomes in conflict management render unnecessary the amendment of sections 389 and 390 of the Labour Code. While noting these indications, the Committee is once again bound to remind the Government that a law authorizing the imposition of compulsory arbitration to end a strike, beyond the cases in which a strike may be limited or even prohibited, is contrary to the right of workers’ organizations to organize their activities and to formulate their programmes in full freedom. The Committee therefore once again strongly urges the Government to take the necessary measures to amend sections 389 and 390 of the Labour Code in order to ensure that compulsory arbitration is only possible in cases in which strikes may be limited or even prohibited, namely, in cases of disputes in the civil service involving officials exercising authority in the name of the State, in essential services in the strict sense of the term or in the event of an acute national crisis. The Committee requests the Government to report any developments in this respect and firmly hopes that progress will be achieved in compliance with the Convention.

Article 11. Protection of the right to organize. The Committee notes that the Government reiterates that it is continuing to promote initiatives in support of the right to organize, that policies have been adopted to promote and encourage trade union organization and that, in 2023 and the first quarter of 2024, 43 new trade union organizations were established, with a membership of 1,442 workers and that the existing 1,244 unions that have 104,177 members were updated. While noting the updated information provided by the Government, the Committee once again regrets to have to draw the Government’s attention to the fact that the rights, both of workers’ and employers’ organizations protected by the Convention, are totally void of meaning when there is no respect for fundamental freedoms, the right to protection against arbitrary detention and imprisonment and the right to a fair trial by an independent and impartial tribunal. The Committee therefore once again requests the Government, in light of the above and taking into account the conclusions of the Conference Committee, to provide detailed information on the initiatives adopted to guarantee the free exercise of the right to organize by both employers and workers.

[The Government is asked to reply in full to the present comments in 2025].