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Caso individual (CAS) - Discusión: 2024, Publicación: 112ª reunión CIT (2024)

Convenio sobre la libertad sindical y la protección del derecho de sindicación, 1948 (núm. 87) - Nicaragua (Ratificación : 1967)

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Caso individual
  1. 2024
  2. 2023
  3. 2022
  4. 1989
  5. 1987

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Discussion by the Committee

Chairperson – I invite the Government representative of Nicaragua, Her Excellency the Minister of Labour, to take the floor.
Government representative – The President of the Republic of Nicaragua, Mr Daniel Ortega Saavedra, and the accompanying Vice-President, Ms Rosario Murillo Zambrana, convey their greetings to you, Mr Chair, and to all involved in chairing this Committee.
Today, on behalf of the State of Nicaragua, I refer to the report of the Committee of Experts, in which we have noted repeated references to the complaint of the International Organisation of Employers (IOE), which has been making allegations of non-observance of the Convention, further to the conclusions of the Committee of Experts urging our Government to implement the recommendations made by the Conference Committee and to provide information in consultation with the social partners in the country.
In this regard, and on behalf of the Government of Reconciliation and National Unity, I would like to make the following points. We once again uphold our position and utterly reject the content of the Committee of Experts’ report referring to violations of the Convention. We obviously consider that this content lies outside the labour law context of the ILO in accordance with the provisions of its Constitution and Regulations. Rather, this represents ongoing politicization with arguments outside the logic, spirit and mandate of the ILO, since this subject has already been reviewed, reported on and addressed in depth at the 110th and 111th Sessions of the International Labour Conference. We therefore request the Committee of Experts that this complaint be withdrawn from the report since it is outside the context of discussion of this important Conference in which Member States appear in order to address and resolve issues connected with the working lives of Nicaraguans.
Furthermore, with regard to the ILO recommendation on amending sections 389 and 390 of the Labour Code of Nicaragua, the State of Nicaragua indicates once again that, in line with the principle of sovereignty established in our Political Constitution, this decision to reform and adopt laws and standards or legal provisions is strictly for the sovereign people of Nicaragua to make. It does not derive from recommendations which ultimately affect labour rights restored for the benefit of Nicaraguan families who have been both recipients and supporters of improvements to a national plan for poverty reduction and human development, which is designed and implemented strictly to ensure the well-being of Nicaraguan families and, consequently, stability in their work.
Article 98, second paragraph, of the Nicaraguan Constitution provides that the Nicaraguan workers shall participate in dialogue or strike processes in Nicaragua, our Labour Code provides that workers have the right to strike. And these dialogue processes have enabled the immediate resolution of labour disputes or strikes as a very important strategy for making progress towards the eradication of poverty in defence of the social and labour harmony of our country, because when a strike occurs, not only does this slow down the economic development of enterprises but it also affects workers and their families.
Thus, the State of Nicaragua has been ensuring compliance with our laws, the Political Constitution, our national labour laws and the ratified ILO Conventions. In this way we will follow up and continue to ensure the right to the freedom to organize of the Nicaraguan workers, so that they can fully exercise the right to establish trade unions, to carry out their union activities in full freedom, and to formulate their programmes within each federation, confederation or union. The workers can participate and indeed have done so in the running of enterprises through their unions, that is to say, they are part of the full and active management of every enterprise.
Moreover, the State of Nicaragua has been duly informing the ILO, through the corresponding reports, of compliance and ongoing progress in unionization in all sectors of the national economy. As we have said and demonstrated, these reports have been transmitted to the most representative workers’ and employers’ organizations in the country.
In light of the above, the State of Nicaragua will continue this firm commitment to work for the well-being of Nicaraguans, who are fully entitled to organize in the union which suits them best. We firmly emphasize that we reject all comments or interference, regarding internal matters, that undermine peace, sovereignty, and the labour and social stability of Nicaraguan families.
In short, we reiterate this ongoing commitment to go further, that the Government of Reconciliation and National Unity has been working in unity with the workers of Nicaragua and to achieve the common objective of the restoration of the labour and social rights of the people of Nicaragua. These include the right to ongoing labour stability and freedom of association, and so we can assure you here and now that all the registration applications made to the Ministry of Labour have been addressed, these have been duly certified and have been delivered to all the trade union organizations concerned.
We are also defending peace and social harmony and strengthening tripartism through various forms of dialogue in the National Minimum Wage Committees, the National Occupational Safety and Health Council, and the territorial committees, in order to speak directly with the workers, and all dialogue and conciliation processes aimed at restoring workers’ rights. We are also strengthening a collective agreement which brings ongoing improvements to each sector for the workers, including the working women of Nicaragua.
We can tell you categorically that freedom of association in Nicaragua is a fact. Since 2007 we have had clear reports, and we are dealing with the reports of the first quarter of 2024.
As a result of this development of policies of promotion and growth, of unionization driven by our Government of Reconciliation and National Unity, we can tell you that during the period from 2007 to the first quarter of 2024, a total of 1,649 new trade unions have been established, with a founding membership of 56,266 workers.
A total of 18,391 unions have been updated, with a total membership of 656,137 men and 571,096 women, giving a total of 1,234,000 men and women workers belonging to different organizations, which also enjoy freedom. Women and young people play an active role in trade unions and from that basis they defend the sacred right to stability in employment, which will enable us to achieve our future aim of eradicating poverty.
We have this evidence of freedom of association, where no request for registration of a union has been obstructed, where there are no complaints from workers who have been denied certification for exercising their full right to freedom of association. This is the clear position of the Government of Nicaragua, this is the one we maintain, this is the course we have adopted towards the development of a people which has worked ceaselessly, regardless of any situations that have arisen.
Worker members – Allow me to begin by saying that many of the issues which will be examined by our Committee with regard to Nicaragua are already being examined by the Governing Body.
In fact, several Employer delegates made a request at the last session of the Conference calling for a Commission of Inquiry to be set up under article 26 of the ILO Constitution. Since then, the Governing Body has made a series of recommendations to the Government regarding the application of Convention No. 87, the Right to Organise 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). These recommendations do not differ either from the conclusions of our Committee or from the recommendations of the Committee of Experts.
This is the third year in succession that our Committee is examining the application of the Convention by the Government of Nicaragua. At its last session, our Committee reached a series of conclusions, including requests to the Government to cease all acts of violence and persecution against the social partners, and to promote social dialogue through the establishment of a tripartite round table.
Nicaragua was also urged to avail itself of ILO technical assistance. As the Committee of Experts indicated, there is no indication that the Government has taken any steps to give effect to the recommendations made by our Committee in 2022 and 2023.
In particular, it does not appear that any efforts have been made to establish a tripartite dialogue round table under the auspices of the ILO. In this regard, as we already said last year, we urge the Government to provide the Committee of Experts with all information on any measures taken to ensure compliance with the recommendations.
I would like to reiterate the systematic position of the Workers’ group both in our Committee and in the Governing Body with regard to Nicaragua.
We fully support the principle that all governments must respect freedom of association. We are bound to emphasize, as recalled by the Committee of Experts, that the rights protected by the Convention are totally devoid 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 of Experts has noted with concern a series of arbitrary detentions against leaders of the Higher Council for Private Enterprise (COSEP) of Nicaragua. Moreover, both the Inter-American Court of Human Rights and the Inter-American Commission on Human Rights has urged the Government to proceed with their immediate release.
In this regard, we once again request the Government of Nicaragua to provide the Committee of Experts with all material information relating to the accusations made against these employers, the legal or judicial proceedings instituted, and the outcome thereof.
We are bound to emphasize, echoing the Committee of Experts, the vital importance of tripartite social dialogue to make progress. Consequently, the Workers’ group also requests the Government to enable this dialogue and to include the guidance provided by the ILO.
We reiterate the recommendation that we made last year, namely we urge the Government to establish without delay a tripartite dialogue round table and to avail itself of ILO technical assistance to comply fully with its obligations under the Convention.
A vital element that forms part of the comments of the Committee of Experts on the application of the Convention by Nicaragua is connected with the amendment of sections 389 and 390 of the Labour Code, which provide that collective disputes shall be submitted to compulsory arbitration after 30 days have elapsed since the strike call.
We echo the comments of the Committee of Experts that the imposition of compulsory arbitration to end a strike, in cases other than those where a strike can be limited or even prohibited, is contrary to the right of workers’ organizations to organize their activities and formulate their programmes in full freedom.
We note once again the Government’s efforts to reinforce the right to freedom of association, in which it provided the ILO with information on the number of trade unions established and the number of their members. However, the Workers’ group recalls that a climate of violence, coercion and threats of any kind directed against workers’ and employers’ organizations is not conducive to the free exercise and full enjoyment of the rights and freedoms established in the Conventions.
In this regard, we call on the Government to cease all acts of violence, threats, persecution, stigmatization and intimidation in relation to the exercise of legitimate activities by the social partners.
We therefore urge the Government of Nicaragua to provide all the information requested by the Committee of Experts in this regard and to take all the necessary measures, with ILO technical assistance, to comply with its recommendations.
Employer members – We thank the Government representative of Nicaragua for her greetings and the information presented.
Sadly, we also note, since the beginning of her intervention, an explicit rejection of the reports of the Committee of Experts, and of the recommendations made by this Committee. However, the Workers, the Employers and the Committee of Experts all observe an extremely serious situation which violates freedom of association.
It seems to me that the Government should become aware of this discrepancy of views and really open up to the possibility, using the tools provided by the ILO, to seek dialogue, understand the issues and seeks solutions, where necessary. In our view, sticking with false claims that problems do not exist is of no help. We believe that the proximity of the Office – the International Labour Organization, an organization of good faith – together with tripartite support from the sectors, can be of great help in resolving this problem.
This case is of special importance for everyone and hence for our group, on account of the serious, recurrent violations of the Convention which can be seen with complete clarity in the report of the Committee of Experts.
This case has been discussed many times in the Committee, more than we would have liked, and sadly without recording positive results. It suffices to recall the work done, the various declarations made, the actions taken and the conclusions formulated in this regard, particularly in 2022 and 2023, let alone going back any further. However, despite the consistency of the requests made to the Government, the deep concern and encouragement expressed, the Government still has not taken any steps to guarantee the free and full exercise of the right to organize by either workers or employers. Nor do we find any positive response to at least 19 observations made by the Committee of Experts since 1991 on this Convention alone, and during this new phase within the Conference Committee, in 2022, 2023 and now in 2024.
Regrettably, this year we observe once again that the Committee of Experts reiterates its deep concern at the lack of progress and the absence of positive reports by the Government regarding the familiar non-observance of the obligations entered into within this Organization, observing in the various reports received that the conditions we are examining are still the same and surely getting worse. We suppose that everyone here in this room shares the enormous concern arising from this.
The case that we are looking at today is no different from that of previous years. The main facts and conditions observed in 2023 were as follows: detention and prosecution of leaders of workers’ and employers’ unions; confiscation of private property of employers’ leaders; eviction of a number of union leaders and stripping of their citizenship; smear campaigns against the employers’ organization; removal of the legal personality of 19 employers’ organizations, including COSEP, an old organization which has represented the employers for many years at the ILO, for supposed non-compliance with the laws that govern them; seizure of private property and freezing of the accounts of dissolved trade unions; accreditation vis-à-vis the Conference of organizations close to the Government with a view to replacing the most representative employers’ organization, which everyone knows to be COSEP.
In this regard, this Committee, in its previous conclusions, especially in 2023, observed with deep concern that there persists a climate of intimidation and harassment with regard to independent workers’ and employers’ organizations, and also allegations of arrest and detention of employers’ leaders and a further deterioration in the situation.
The lack of progress or cooperation on the part of the Government is quite clear. The Government was urged, inter alia, to: ensure that workers and employers can establish their own organizations and operate without interference from the Government; cease all acts of violence and intimidation against individuals and organizations in connection with the exercise of legitimate trade union activities and the activities of employers’ organizations; release employers and trade unionists imprisoned in connection with the exercise of the legitimate activities of their organizations; establish without delay a tripartite dialogue round table, with ILO technical assistance, which respects the representativeness of the organizations, proposed by the workers and with which we totally agree.
These agreements were tripartite, and now we find, in line with the observations of the Committee of Experts, that nothing has happened and no effect has been given to the recommendations. However, these are the results of discussions in this Committee and these have been addressed in other bodies within this Organization and in the context of the United Nations (UN) and other bodies.
Not only have no steps been taken with regard to the alleged facts but the Government also denies most of them, stating that – as we have just heard, and I quote – “in the country there is full freedom of association without any kind of discrimination, no trade union leaders have been deprived of their freedom for exercising the right to organize or carry out union activities, there are no restrictions on the freedom to organize, and there is no trade union persecution or repression”. Issues that are not recognized cannot be resolved.
Meanwhile COSEP has not recovered its legal personality and remains dissolved, in violation of Article 4 of the Convention, and its leaders have been unable to recover their Nicaraguan nationality or their property or that of the dissolved organizations. Furthermore, recently we have had to lament the death of one of our leaders in exile, Mr Michael Hayley.
Here we are speaking of events which demonstrate that the social partners are not protected in Nicaragua by the provisions of the Convention under discussion in this Committee. Moreover, as indicated by the Committee of Experts, allegations have been made in this context regarding the most flagrant human rights violations, a situation which has been addressed by various UN bodies, including the Human Rights Council, the Group of Human Rights Experts on Nicaragua and the Inter-American Commission on Human Rights.
We agree with all the comments made by the Committee of Experts which appear in the report, though I will not repeat them here. Nor will we make any statement on the subject of strikes. You know what the Employers’ position on this and I do not think it would serve any purpose to repeat it.
We are still very concerned, we hope that the Government will raise its awareness and will understand that what this Committee is doing is to reach out in order to find a way whereby, through technical assistance, we can identify issues much more closely, speaking with the social partners, with those affected in this way, listening to the problems. In this way legitimate solutions to these issues can be sought.
Rather than sticking to entrenched positions, here we have the possibility to continue moving forward with the tools provided by the Constitution. But the problems in Nicaragua persist, and the situation of the workers and employers stays the same, and frankly this is of no use to anybody.
I will now break off to listen to the other already registered speakers with a view to making a second statement with a submission and a concrete proposal on this matter.
Worker member, Nicaragua – I am speaking on behalf of all our country’s trade union confederations, without exception. From the outset we want to make clear that we do not accept this Committee’s treatment of our country’s case as a violation of the Convention; doing so constitutes a continuation of the political attacks on our country. Regrettably, this body continues being used to repeat the disinformation promoted by those who think they are the masters of the world.
You should note that although these individuals have rejected the right to strike as set out in the Convention, which is the right that underpins freedom of association, in their obsession to attack our Government they argue for it before this Committee.
It should be recalled that it is the private employers’ sector that restricts and attacks workers who decide to organize in trade unions.
Furthermore, these individuals who claim to represent the employers of my country do nothing but voice opinions and information controlled by mercenaries of disinformation. Their accusations do not differ at all from those of the governments that promote attacks and interventions against our country.
The individuals who claim to represent the employers of my country lean on certain arguments without being familiar with the reality in Nicaragua. While the principle of tripartism is upheld by employers and workers like us, who believe peace to be essential to our country’s development, a group of persons clinging to powers not granted to them under the country’s legal system attempted to mount a coup d’état to destroy the progress made in our country’s economic, social and political sectors.
While these individuals who claim to represent the employer sector in my country point fingers without providing evidence, trade union officials have been detained on totally false grounds for undertaking union activities. We challenge them to provide details of their accusations, because we, for our part, are able to recount how the persons that they are defending murdered Mr Bismark Martínez, a union official in the municipality sector, and Mr Alfredo Jirón, a union official in the education sector.
We can also list the workers who were abducted and tortured by the perpetrators of the attempted coup d’état who they are so keen to defend. More than 250,000 workers in the private sector, who were used to further these individuals’ political interests and create instability, were dismissed, with a significant effect on their families.
Our development model is based on dialogue and consensus, something that was broken by those who answered the imperialists’ call to destabilize and damage the economy.
If you take the time to read the newspapers from 2018, you will see how one of the main tactics of the perpetrators of the attempted coup d’état was to call on their representatives to abandon the tripartite committees.
During national dialogue promoted by the Government they demanded the resignation of the President, claiming not to be interested in the economy, and asked him to eradicate the so-called “roadblocks of death” promoted by the perpetrators of the attempted coup. Today they whinge, beat their chests and claim to be victims.
Their argument that Nicaraguans’ human rights are being violated could not be further from the truth: is it a human rights violation when 99 per cent of homes have electricity? When public education, from preschool to university, is free? When 1.2 million children receive free food at school? What is more, more than 70 hospitals – with another 7 under construction – provide free care to the population, projects to improve access to drinking water are under way and road infrastructure is being built to transport persons and goods. Why are we mentioning this? Simply because these are sources of employment for families, for the children of the workers who benefit from these social projects. Let us discuss human rights based on reality, not on unfounded assumptions.
Committee members, the obsession of those who claim to represent employers in my country drives them to use this forum to express their discomfort with a country that respects itself. They do not condemn or note the economic attacks on Nicaragua by the countries “in the back yard” of the country that sees itself as the “master of the world”, thereby harming the Nicaraguan economy and hence our people.
The Sandinista Government led by Commander Daniel Ortega has demonstrated flexibility and openness to dialogue according to the principles of respect, sovereignty and self-determination. The working class, despite the criticisms and attempts to discredit us, therefore lends its unconditional support to the Government’s policies and actions.
While we discuss unfounded issues like this case, thousands of children are being murdered by the bombs and weapons wielded by the Zionists against the Palestinian people. The United Nations and its mechanisms are incapable of halting that genocide, its resolutions on ceasefires are not recognized by the Government that is supplying the weapons or the Government that is murdering civilians in Gaza.
Those who consider themselves to be the world’s guardians, arguing in favour of guaranteeing their national security, push for soft coups, using the bodies of the United Nations as tools at their service. Nicaragua, dignified and proud of its history, will not be subdued or submit to the orders of the imperial master. In that regard they have not succeeded, nor will they.
(The Chairperson interrupts)
Chairperson – Sir, as the Chair, I would like to remind you that according to the rules of decorum all of those in the room have agreed to follow, your intervention should be focused on the subject of our deliberation. Thank you and I count on your understanding.
(The Worker member of Nicaragua continues.)
We repeat our regret that this sector, which claims to represent the employer sector in my country, is using this forum to convey interests unrelated to labour issues. Its political agenda includes the denial of any information that does not align with its interests or the position taken against our country.
As trade union officials, we continue to support dialogue and peace, which are vital elements of the country’s development. When I read and listen to the arguments put forward by these individuals, I wonder, do they not have any information on labour in our country? And I wonder this because we continue to negotiate with employers and increase the minimum wage; we continue to negotiate and sign collective agreements, including with transnational companies through their representatives; we continue to fulfil our responsibility to protect work environments, together with company representatives. Do they realize that most employers in Nicaragua are not aware of the International Organisation of Employers (IOE)? It seems to be a closed-off world for a privileged few.
No one should claim to be representative if that representativeness is not based on the express mandate of those whom they represent. No one can call themselves the majority if they are unable to prove it.
As trade unions, we represent and answer to our members, whereas non-governmental organizations are private and do not answer to any sector in Nicaragua.
There is a legal framework, and the trade union movement is respectful of, and complies with, the mandates set out in our Labour Code. However, we know of non-profit foundations that do not respect the legal framework that governs them.
We request respect and support for our process of dialogue and consensus, which we undertake according to the principles of our sovereignty and the freedom that we as a people enjoy today.
We resolve any difficulties or problems that arise through respectful dialogue. The main enemy of Nicaragua is the poverty that it inherited after the imposition of neoliberal policies, and we are on the path to economic growth, which involves the continued improvement of Nicaraguans’ living standards.
Nicaragua is a peace-loving country, and for that reason we desire calm. We ask the Committee to listen to us, to at least think twice and not to reject our arguments, because they are the lived reality of Nicaraguans. We live in peace, tranquillity and harmony, and our growing economy is improving Nicaraguans’ living standards. It seems, however, that no argument is accepted when an ideology has taken hold. For that reason, we ask all members of this Committee to listen to Nicaragua, to listen to the workers, because there is no more genuine development than the popular Sandinista revolution, which we therefore defend, because it grants us a forum in which we workers may voice our views, have influence and determine the policies developed by our country.
If you would like to see how workers use their power, visit Nicaragua, get to know Nicaragua, go with an open mind, do not go with biases promoted by the transnationals that have spread disinformation and falsehoods. We will respect, safeguard, protect and defend our revolution at all costs.
Employer member, Nicaragua – On 7 February 2024, we were invited by the ILO through the Ministry of Labour of Nicaragua to the 112th Session of the International Labour Conference, as tripartite constituents and as employers for the fourth consecutive year.
I have heard a number of speakers here express great concern about aspects of Nicaragua that bear no relation to the objective of this Conference.
Regarding our participation in the Conference, we have reviewed its content and, in particular, we have reviewed statements that lack objectivity and are far removed from the national reality, with a total lack of awareness, or with interests that distort our country’s economic and labour activity. So much so that, as an Employer member, we are prompted to make a number of recommendations from the Nicaraguan business sector to the Committee of Experts, concerning Nicaragua’s alleged non-observance of the Convention, to ensure that they are not tainted by political considerations.
In this regard, I would like to make the following comments on relevant aspects of our country with the participation of the private sector, the workers and the Government of Nicaragua.
For several years now, the minimum wage for workers has been defined jointly by the members of the tripartite committee with the participation of the most representative organizations.
The nation’s economic and social situation continues to experience solid growth in 2024, trending at 4.5 per cent, according to the latest official economic indicator, demonstrating that the economy is on track to end the year at 5.6 per cent growth. This means that the economy is performing well and this year’s prospects are good, exceeding initial projections, and reflecting a positive outlook for both consumption and investment.
There has been substantial private investment in trade and services, while foreign investment has experienced significant growth, particularly in road infrastructure works, bridges, health, primary-care facilities, stadiums, drinking water and sanitation projects, and other strategic development projects, such as deepwater ports in the Atlantic, a new airport and a railway development plan, and the provision of means of transport.
The measure implemented at the beginning of the year to establish an exchange rate slippage of 0 per cent of the córdoba against the US dollar has bolstered financial stability, boosted credit and prompted an increase in consumption. It has also contributed to an increase in international reserves, thereby demonstrating greater economic robustness. International reserves exceed 5.7 billion US dollars, the highest level ever recorded in our country. This was recently confirmed by the Fitch credit rating agency, which rated us as B+.
We permanently monitor the country’s economic situation, the development of Nicaragua’s business sector, and all aspects of welfare and the working environment, to improve competitiveness, effectiveness and efficiency, and thereby strengthen the business sector.
We are aware of measures that encourage trade unionism and the right to organize in all enterprises and active agents in the country. The complaints submitted to the ILO are highly politically charged and, in the absence of concrete, verifiable and credible evidence, are unanimously rejected by all members of the employers’ sector.
Regarding freedom of association and the protection of the right to organize, the number of trade unions has grown, and the labour authorities ensure that they are freely organized in enterprises by creating conditions for their development through the establishment of labour agreements protecting workers’ interests.
We have held meetings and reached agreements with the entire Nicaraguan business sector, regardless of political or religious affiliation, to consolidate joint work for Nicaragua's economic and social development and sustainability, in order to strengthen the substantial progress achieved in the economic and business sector in recent years.
We will continue to support the Government of Nicaragua's economic and social programmes, by participating actively in the investment processes in the national economy’s various sectors, particularly those benefiting development, the technical capacity of our workers and the sustainable growth of our enterprises.
Before ending, I would like to take this opportunity to congratulate the ILO staff and recognize their hard work and, in order to improve and to achieve the results set out in the Organization’s objectives, we request or recommend that the ILO define initiatives to help eliminate political approaches by the members of the corresponding committee, to avoid wasting time, unnecessary discussions and, worst of all, interference in matters that should only be dealt with by peoples and governments exercising their sovereignty.
Government member, Belgium – I have the honour to speak on behalf of the European Union (EU) and its Member States. The candidate countries, Albania, Montenegro, North Macedonia, the Republic of Moldova and Ukraine, and the European Free Trade Association country Norway, member of the European Economic Area, align themselves with this statement.
The EU and its Member States are committed to the respect, protection and fulfilment of human rights, including labour rights. We promote universal ratification and effective implementation of fundamental ILO Conventions and support the ILO in developing and promoting international labour standards and supervising their application.
The EU and Central America, including Nicaragua, have an Association Agreement which has recently entered into force. Its objectives are to develop and deepen a privileged political and economic partnership based on values, principles and common objectives.
We remain concerned about the labour rights situation in Nicaragua, including reported acts of intimidation and harassment against independent workers’ and employers’ organizations as well as the allegations of arbitrary arrests and detentions. Various United Nations (UN) bodies including the United Nations Human Rights Council have also expressed their concern at the human rights situation, including the destruction of civic and democratic space in Nicaragua. We deplore the fact that human rights violations are continuing in the country.
We regret that the authorities have failed so far to follow up on the 2022 and 2023 conclusions of the Committee. We reiterate the conclusions adopted last year urging the Government to immediately cease all acts of violence, threats, persecution, stigmatization, intimidation or any other form of aggression against individuals or organizations in connection with both the exercise of legitimate trade union activities and the activities of employers’ organizations.
We note that the Government of Nicaragua reiterates that since 2007 it has been working to ensure the restoration and protection of the labour rights of workers through tripartite dialogue, but we regret that, despite the Committee urging the Government in 2022 and 2023 to promote social dialogue without delay through the establishment of a tripartite dialogue round table under the auspices of the ILO, no tangible progress has been made on that matter. We therefore call on the Government to establish without delay a tripartite dialogue round table.
Noting the serious non-compliance with this fundamental ILO Convention and the absence of progress, despite several discussions in this Committee and more recently in the Governing Body, we urge the Government to adopt as soon as possible, in consultation with the social partners, each and every measure that it has been invited to take by the Conference Committee. We request the Government to provide information to the ILO in this regard. We also invite the Government to accept ILO technical assistance to that effect.
We reiterate the Committee of Experts’ call 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 since the calling of the strike. Under the terms of Convention No. 87, 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.
While noting the information provided by the Government 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, between 2018 and the first quarter of 2023, 156 new trade unions were established, we recall that to guarantee the rights of employers’ and workers’ organizations protected by the Convention it is essential to respect fundamental freedoms, the right to protection against arbitrary detention and imprisonment, and the right to a fair trial by an independent and impartial tribunal. Therefore, we echo the request of the Committee of Experts and invite the Government to provide detailed information to the ILO on the initiatives adopted to guarantee the free exercise of the right to organize by both workers and employers. The EU and its Member States will remain closely informed of the situation in Nicaragua.
Government member, Cuba – I would like to ask the Secretariat not to start the clock yet because, before I begin my speech, I would like to make the following comment. I was surprised at the treatment of the Nicaraguan Worker representative. In my opinion, it was disrespectful to say the least. If there is one thing that has characterized the ILO for decades, it is dialogue. If we cannot engage in dialogue, if we cannot freely express what we think, what is the point of these discussions? Therefore, on behalf of the broad diplomatic community, and I say this as Ambassador and Permanent Representative of Cuba in Geneva, I offer, on behalf of the broad diplomatic community here in this city, our apologies to the Worker representative for having been interrupted during his speech.
And now, Mr Chairperson, I shall begin my speech. We thank the Government of Nicaragua for the submission of additional information. We appreciate that the information provided by the Sandinista Government includes details of the exercise of freedom of association in the country, and demonstrates the Government’s will to maintain communication and cooperation with the Committee of Experts, and to fulfil its commitments to the ILO and the Nicaraguan people within the framework of its legal system and with full respect for its sovereignty.
During previous discussions in the Governing Body, we have listened to various Government, Worker and Employer representatives placing emphasis on aspects such as the cooperation of the countries concerned in the submission of reports and, above all, the need to avoid politicization. In this regard, my delegation would like to emphasize that the Committee should attach greater importance to the information provided by the governments, considering the efforts made by national authorities to comply with the requirements of the ILO supervisory machinery.
In addition, Cuba has on several occasions expressed its rejection of the politicization of the ILO supervisory machinery and its use as a channel for allegations that are not aimed at defending the interests of workers or employers, but rather at calling into question the performance of governments in labour matters. We believe that the policies implemented by the Sandinista Government to support workers should be examined impartially.
According to the information provided, the number of new trade union organizations established in recent years is significant, and the status of other representative trade union organizations has also been updated. I would like to emphasize that the Government of Nicaragua cannot be asked to act contrary to its Constitution, laws or national policies, as doing so would violate the principles of sovereignty and self-determination.
In conclusion, I underline the importance of continuing to promote tripartism and respectful exchange with each country, in a spirit of dialogue and cooperation.
We trust that the conclusions drawn from this exercise will be objective, technical and balanced, and that the views and information provided by the Nicaraguan authorities will be taken into account.
Employer member, Colombia – Firstly, I would like to refer to the serious and repeated allegations made within the framework of this Committee concerning acts of persecution and systematic repression by the Government of Nicaragua against the most representative social partners, in particular against COSEP.
Last year’s meeting of the Conference Committee noted with deep concern the persistent climate of intimidation and harassment of independent workers’ and employers’ organizations, and the allegations of the arrest and detention of employer leaders, the further deterioration of the situation, and the absence of any progress or cooperation by the Government.
Regrettably, today, we are faced with a scenario that has deteriorated even further. The Government has not adopted any measures to address the allegations, and has not acted on any of the recommendations made by the ILO supervisory bodies, and serious violations of freedom of association and of the guarantee of the rights of the social partners persist.
With regard to this serious situation, it is important to recall that freedom of association is completely meaningless if civil liberties are not respected. The rights conferred on workers’ and employers’ associations are based on the recognition, protection, guarantee and securing of civil liberties, such as personal safety and the prohibition of arbitrary detention.
It is vital to call on the Government of Nicaragua to comply with its obligations as a Member State of the ILO. We reiterate the call for Nicaragua to initiate the rebuilding of processes of trust and to ensure full respect for freedom of association.
Secondly, it is important to underscore that workers’ and employers’ representatives must be freely elected and represented on an equal footing, as established in Article 3 of Conventions Nos 87 and 144.
The Committee of Experts has indicated repeatedly that it is the prerogative of workers’ and employers’ organizations to determine the conditions for the election of their leaders. The authorities should refrain from any undue interference in the exercise of this right.
The serious acts that persist in Nicaragua against trade union leaders make it more difficult to build tripartite social dialogue and to engage with employer representatives from Nicaragua in accordance with international labour standards.
Worker member, Honduras – The report of the Committee of Experts must be read in its entirety as it refers to some issues that should not be overshadowed by the aspects that are most commonly highlighted in the comments of this Committee regarding the case of Nicaragua. I am referring specifically to two points which are made in the report and which I will underscore in this brief statement.
The first point is related to the repeated observation, which was made over ten years ago, regarding the need to amend sections 389 and 390 of the Labour Code, two provisions that require compulsory arbitration when 30 days have elapsed since a strike call.
The arbitration procedure for the settlement of disputes must be used only where there is agreement by the parties and not where it is imposed by some of the sectors, so as to avoid a division among stakeholders in the work of work. Only in extreme cases, such as those in which there may be an impact on essential services in the strict sense of the term, or a risk to the life, health or safety of all or part of the population, can a solution by a third party be imposed, which is a position that has been held by the ILO Committee on Freedom of Association for many years.
The second aspect that should not be overlooked in the main discussion of the report of the Committee of Experts concerns the number of trade unions that have recently been recognized, according to information provided by the Government. It is important to have statistical data on the establishment of new trade unions to ensure continuity in the exercise and full development of freedom of association. However, given the examples of cases from many countries that we have seen, and that we will surely continue to see in this Committee, regarding situations in which the right to form trade unions is severely restricted, it is promising news that the right to organize is being promoted in Nicaragua through facilitation of its recognition.
We have always said, and we would like to reiterate, that freedom of association is more than the right to establish and join organizations, it is an essential measure that should not be overlooked.
Interpretation from Russian: Government member, Belarus – We are grateful to Nicaragua for the information they have provided on the question under consideration. We note the willingness of the Government to engage in constructive cooperation with the ILO. We welcome the efforts the Government has been making to encourage and protect the rights of workers through tripartite dialogue and consensus as a fundamental principle and a way of achieving social and labour stability in the country and peaceful development.
At the same time, we would like to make the following points. Being a member of a union or of an employers’ organization, and this is stated in the Convention, does not absolve anyone from responsibility for illegal action not related to the protection of the rights and interests of workers and employers under the law.
We urge the ILO to take that into account and to be neutral and impartial when we are looking at an individual case. We believe that the recommendations of these supervisory bodies and the calls by some delegations for Nicaragua to review some of its national legislation, including the law on the protection of the country, its independent sovereignty and selfdetermination in the name of peace, are not the ILO’s job and are interference in the internal affairs of Nicaragua.
Employer member, Mexico – In relation to the case of Nicaragua, it should be recalled that, at the 2022 and 2023 sessions of the International Labour Conferences, this Committee deplored the persistent climate of intimidation and harassment of independent workers’ and employers’ organizations.
It also noted with great concern the arrest and detention of leaders of employers’ organizations and urged the Government of Nicaragua to immediately cease all acts of violence, threats, persecution, intimidation or any other form of aggression against individuals or organizations.
Unfortunately, as noted, this regrettable climate and environment have persisted, despite having been duly and thoroughly denounced in previous years.
We would like to recall that this Committee recommended that the Government avail itself of ILO technical assistance to ensure full compliance with its obligations under the Convention and, in particular, that it accept a direct contacts mission for an investigation with full access to the situation of the violation of the trade union rights of workers’ and employers’ organizations.
Claims of interference cannot be made when, unfortunately, violations of the human rights to freedom enshrined in the Convention exist and persist.
It should be noted that the UN Human Rights Council, which is the intergovernmental body responsible for strengthening the promotion and protection of human rights throughout the world, in the report of the Group of Human Rights Experts on Nicaragua submitted in March 2023 this year, indicated that, and I quote: “Agents and public officials of various agencies and structures of the Government, and non-State actors participated, and continue to participate, as of the date of writing of this report, in serious and systematic human rights violations and abuses against a sector of the Nicaraguan population, including extrajudicial executions and arbitrary detentions ...”.
For this reason, we insist on the urgent need for technical assistance from this Organization and for social dialogue.
Worker member, Togo – The Committee of Experts’ observation on the case of Nicaragua and the Convention highlights, among other things, the work carried out by the ILO in supervising the application and improvement of labour standards. In particular, I would like to refer to the Committee of Experts’ comments reiterating its very positive position on the right of trade union organizations to organize their activities and to formulate their programmes, in accordance with Article 3 of the Convention.
It is widely known that compulsory arbitration severely restricts trade union autonomy and, in the event of a collective dispute, can lead to the removal of mechanisms ensuring the applicability of other rights protected by industrial action. This means that compulsory arbitration is restricting freedom of association by limiting measures and restricting the guarantees of the rights protected in the event of a dispute. This twofold infringement of workers’ rights leads the Committee to consider that 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.
We, the Workers, fully support the request to 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 where strikes may be limited under absolutely exceptional circumstances, namely in essential services in the strict sense of the term or in the event of an acute national crisis.
We have positive expectations of the Committee’s handling of this matter, which should lead to a change towards full recognition of freedom of association in Nicaragua.
Interpretation from Chinese: Government member, China – We appreciate Nicaragua’s presentation. After careful review of the Committee of Experts’ report, we take note of the important information and facts submitted by the Government. Nicaragua’s diligent fulfilment of its obligations under the Convention with steady progress in freedom of association and protection of the right to organize merits the full endorsement of this Committee.
The Government has worked closely with businesses and other stakeholders to combat poverty. During the 2018–21 period alone, 111 trade unions were established covering nearly 4,000 workers, and almost 3,000 existing unions representing over 220,000 workers were revamped.
The country has strengthened tripartite consultations to optimize the minimum wage system. We applaud such efforts. We emphasize that any union or employers’ organization should comply with the Constitution and law of its country and act within the bounds of national legislation.
The standards supervisory system is to facilitate better fulfilment of obligations under international Conventions by Member States. Its measures should be constructive and positive rather than destructive. The examination of country-specific cases should focus on the ILO’s core functions and core mandate under the principles of fairness and impartiality. It is also paramount to give due weight to the authoritative information and important positions submitted by Member States.
We encourage the Government to continue strengthening its communication and exchange with the ILO and the standard supervisory system. We also call on this Committee to value the information provided by the Nicaraguan Government and to engage in constructive dialogue with it in a rational and practical manner. We also encourage the Committee to provide more standing technical support to assist the Nicaraguan authorities with resolving differences, achieving consensus and solving problems with partners through social dialogue, so that it fulfils its obligations with regard to the international labour Conventions.
Employer member, Spain – The employers of Spain deeply regret the facts under discussion here that constitute a serious violation of the fundamental Conventions, such as Convention No. 87, by the Government of Nicaragua, which does not appear to acknowledge the allegations.
It is impossible to envisage social dialogue in Nicaragua when the most representative employers’ organizations have been arbitrarily dissolved and their members imprisoned and forced into exile. We strongly condemn these acts, which are contrary to the ILO fundamental Conventions and which blatantly violate internationally recognized human rights.
The Convention ensures the freedom of employers and workers to form their own organizations and elect their own representatives, and it is not up to the Government to choose the representatives with whom it will engage in social dialogue. The Government of Nicaragua must apply the fundamental Conventions, as soon as possible and in an effective manner, in law and in practice, and comply with its obligations as a Member of the ILO.
Government member, Honduras – We welcome the report presented by the Committee, whose function is to promote the universal ratification and application of fundamental international labour standards, including this Convention.
We support the ILO in its role of developing, promoting and supervising the application of ratified international labour standards, and of the fundamental Conventions in particular.
We also welcome the information provided by the Government of Nicaragua concerning its national legislation and with regard to the Convention. We acknowledge and appreciate the commitment by Nicaragua to aligning its actions with the Convention. We consider it appropriate to highlight the work carried out by the Government of Nicaragua regarding the establishment of trade unions and the updating of existing trade union organizations, and the other forms of progress demonstrated in this room by the delegates representing Nicaragua. We therefore recognize the work carried out by Nicaragua to promote social dialogue and tripartism, and the efforts made to apply the Convention.
Honduras hopes that the conclusions of this Committee will be technical and balanced, taking into consideration the information provided by the Nicaraguan Government and continuing to call for the promotion of decent work and fundamental rights and principles.
Government member, Bolivarian Republic of Venezuela – The Bolivarian Republic of Venezuela thanks Nicaragua for the information provided which details the significant progress made in the area of freedom of association and protection of the right to organize.
It also welcomes the Government’s fulfilment of its obligations by promoting cooperation with the social partners, as reflected in its strengthened relationship with employers’ organizations, and the creation and updating of trade union organizations in recent years, which bring together a significant number of the country’s workers. We appreciate the Government’s willingness and desire to make further concrete progress as it has done so far in the world of work in Nicaragua, in accordance with the principles of sovereignty, self-determination and non-interference.
Lastly, we call on the ILO to promote social dialogue between the actors in the world of work in Nicaragua, supporting the country with constructive, objective, lawful measures that will consolidate harmonious labour relations and guarantee protection for the working people of Nicaragua.
Interpretation from Russian: Government member, Russian Federation – We are grateful to the Government of Nicaragua’s representative for providing explanations on the heart of the matter being discussed today: its compliance with Convention No. 87.
We believe that the allegations against Nicaragua of violating the right to freedom of association and the right to organize are unfounded. We echo the concern which is being expressed about the presence in this case of a certain amount of politics.
We believe that neither the Committee nor the ILO in its entirety has the authority to comment on the actions of national law enforcement agencies and/or courts. Equally, we do not consider that it is acceptable to have so-called recommendations concerning the need to review provisions of Nicaraguan legislation, especially individual articles of the Labour Code of that country. Such “recommendations” rather look like undue interference in the internal affairs of the State concerned.
Taking all that into account, we urge this Committee to note with satisfaction the report which has been made to you today by the Government of Nicaragua.
We have to put on record the fact that this case is yet another indication of a trend towards politicization of the work of the International Labour Organization, and an attempt to tie technical country reports to domestic events in a given nation. This particular practice leads to the politicization of the decisions then taken and that reduces quite considerably the possibility of their actually being carried out. In the final analysis it also undermines the authority of the Organization.
Employer member, Honduras – Once again, we observe with utmost concern how, after examination of this case by the Committee in the last two years, the Government of Nicaragua continues to violate the Convention. These repeated actions require the Committee to take robust, exemplary action against the Government since they are setting a negative precedent in terms of the respect that States must demonstrate for international labour standards.
Under the Convention, employers’ organizations and trade unions do not require governments’ authorization with regard to how they wish to organize themselves. That is a fundamental right that must be guaranteed by each of this Organization’s Member States; governments are not authorized to decide which organizations can or cannot operate in their countries. In the case of Nicaragua, however, we have received reports on several occasions that the Government has taken action against the organizational structure of employers’ organizations and trade unions, totally preventing social dialogue, which is the foundation of tripartism and the cornerstone of social peace.
I must stress that it is unacceptable that the Government of Nicaragua has launched arbitrary legal proceedings against representatives of employers and workers and even issued decrees to close their organizations. This is among the biggest violations ever brought before this Committee, and we therefore ask it to appoint a high-level tripartite mission to ensure compliance with its conclusions.
We must question the closures of employers’ organizations in Nicaragua, which now total 19, including COSEP, as well as the expulsion from the country of many employer representatives, going so far as to deprive them of their nationality, in violation not only of the Convention, but also of the human rights of those individuals, who were simply fighting for their rights.
We regret that the Government of Nicaragua has given no indication of a desire to engage in dialogue with the social partners and has been extremely inflexible with regard to the Committee’s conclusions. We hope that the situation will improve on this occasion and that this Organization will safeguard respect for the fundamental rights of employers and workers as social partners.
Interpretation from Arabic: Government member, Saudi Arabia – My country would like to express its thanks to the ILO for preparing the document and we thank the Government of Nicaragua for the information and clarification presented on the progress made regarding respect for freedom of association and protection of the right to organize. In view of the efforts undertaken to combat poverty, we welcome the constructive measures taken by the Republic of Nicaragua and we value its close cooperation and response to the standards supervisory bodies. One example relates to tripartism increasing wages by 10.1 per cent, which was negotiated between workers, employers and the Government. In this context, my country urges the ILO to provide the Republic of Nicaragua with sufficient time and the necessary technical assistance in order to achieve the objectives of the ILO.
Government member, Algeria – The Algerian delegation has listened attentively to the statement by the representative of the Government of Nicaragua. We note the information provided indicating that specific measures have been taken to safeguard trade union rights, enabling trade union organizations to be fully established and to operate freely, collective bargaining to be promoted and tripartite consultations to be held in accordance with the provisions of international Conventions. We note with satisfaction that the Government of Nicaragua remains committed to ensuring compliance with its Constitution, and with all national labour legislation. It is therefore confident that Nicaragua, despite the challenges it faces, remains firmly committed to observance of these Conventions. Algeria strongly advocates maintaining an open dialogue between Nicaragua and the competent ILO bodies, to achieve mutual understanding and to resolve the concerns expressed in a spirit of collaboration and mutual respect.
Government member, Tunisia – We welcome Her Excellency the Ministry of Labour of Nicaragua, and we thank her for the information provided on the progress made towards the application of the Convention.
We underline the importance given by Tunisia to rights and principles protected by the Convention and we value the work of this Committee in order to examine their application in law and in practice.
We appreciate the Government of Nicaragua’s engagement to maintain communication and cooperation with the ILO and its supervisory bodies and see it as a proof of openness and dedication to the application of international labour standards. In particular, we welcome the renewed commitment and engagement expressed today to tripartism and social dialogue as a tool to promote social and labour rights.
We take note of the information provided by the delegation of Nicaragua related to the existing cooperation between the Government, employers and workers in order to implement the national plan to fight poverty, along with the increase in the number of union organizations. Such cooperation with social partners is necessary for social justice and for the successful and sustainable implementation of social policies. We therefore encourage the Government of Nicaragua to continue and expand such cooperation, and to pursue its efforts in advancing its national policies, taking into consideration the observations of the Committee of Experts.
Government member, Plurinational State of Bolivia – At the outset I would like to endorse the comment made by the distinguished Ambassador of Cuba: Government delegates and Employer and Worker delegates should be afforded the same respect. That is a basic principle in this tripartite forum.
The Plurinational State of Bolivia welcomes the distinguished delegation of the Government of Nicaragua and thanks it for the information provided with regard to its observance of the Convention.
My country promotes respect for the right of all workers to organize in trade unions under the trade union principles of unity, union democracy, solidarity and internationalization. We have therefore listened closely to the information provided and the efforts made by the Government of Nicaragua to guarantee respect for those rights.
We acknowledge those efforts and urge the authorities to continue strengthening the measures adopted to protect the right to organize and freedom of association. We welcome the good cooperation between the Chamber of Employers and government bodies, a relationship that contributes to the implementation of the national plan for poverty reduction. We also highlight the fact that, between 2018 and 2021, more than 111 new trade union organizations were formed. We believe that it is important to draw attention to such progress.
We note the report of the Committee of Experts and we urge them to promote rapprochement, dialogue and cooperation in creating trust with governments, workers and employers. These forums must be free of any attempts at politicization, and work towards the Convention’s implementation must be undertaken in the manner set out in the text itself, with respect and in accordance with the laws and regulations of each country.
Chairperson – Thank you. I can see no more requests from the floor. Now I invite the Government representative of Nicaragua, Her Excellency the Minister of Labour, to make her concluding remarks.
Government representative – Our attention is drawn to what has been said by the Employers’ representatives in this important session, especially the unfounded indications that the Convention is being violated in Nicaragua and that there are violations because there are workers, trade unionists or representatives of trade unions or union federations who have been detained or deprived of their freedom.
Allow me to say with all the respect which characterizes the people of Nicaragua, the model of government that we are developing, and our authorities: that there are no trade unionists who have been detained, that this was incomplete information, because when we appear at these meetings where we are seeking the way to elucidate facts and achieve clarity regarding the resolution of a supposed labour dispute, we must do so on the basis of the truth above all.
We are astonished because in Nicaragua we say that freedom of association exists because we have the evidence, the proof, we have the voice of the workers, and here at the ILO there are no complaints from any section of the Nicaraguan workers, from any trade union federation, from any trade union. If one or two Employers’ representatives made comments regarding violation of the rights of an employers’ association, if we are talking about COSEP, it does not exist in legal terms because it was abolished, not because it was annulled but because it did not comply with its requirements and financial responsibilities as an organization. And COSEP was never an employers’ organization: COSEP was a non-governmental non-profit organization. This point has been clarified so that we can better understand how this situation has arisen. Hence we cannot make a connection with this matter and politicize it here when it is not a matter that comes within the scope of Convention No. 87.
They were and are not trade unionists. They were employers that formed a non-governmental organization, this is clear. I clarify this because this was done repeatedly, and I think we are here to avoid this bias when all is said and done. We have the responsibility to clarify this to the Employers that COSEP and its 18 affiliated associations were not unionized employers, COSEP and its associates never appeared in the Ministry of Labour’s register.
All enterprises work freely in Nicaragua because in Nicaragua trade union organizations enjoy total autonomy as given to them by law in their action and their administration. However, we need to know this and take it into account when examining the fundamental subject of freedom of association. We must not address unrelated topics and get involved in discussions on them here. The Government of Reconciliation and National Unity led worthily by Commander Daniel Ortega is willing to engage in dialogue. This has been an effective instrument for the resolution of labour disputes in Nicaragua, preventing us getting into more serious disputes leading to strikes. We have not had any calls for strikes. The ministries, the Government and all the actors involved in the labour relationship are talking with the workers day and night. We are talking with the employers to reach a consensus as the effective way to prompt resolution of disputes in which neither the employers nor the workers lose. This is about both the business economy and the well-being of the workers and this is why we advocate it. We are focused on things being this way. We wish to arrive at the truth and we have presented the truth with data and reports. We hope that when reaching an intelligent solution we are able to filter out unrelated subjects and above all focus on the key issues.
We are willing to engage in dialogue provided that we revisit the spirit of the law, the spirit of the Convention, and this is what we ask of this honourable Committee.
In clarifying this stirring theme, we were surprised to have to say it but, as regards labour policy, our Government has been integrating the national poverty reduction and development plan, training activities, knowledge targeting various sectors of workers, trade unions, unionized women and young people in the unions, enabling them to create or better carry out their union activities, in relation to labour rights and occupational safety and health.
We are greatly concerned about the conditions faced by men and women workers. This is why there is free health care in Nicaragua and good social security conditions for the workers.
It is also important to clarify on the basis of the comments heard – and the Office should be clearer on this – that no complaints have been received from the workers and those that previously existed have been resolved in a very responsible and mature manner.
Consequently we cannot come here and hold a discussion on persecution of trade unions. There is no persecution of trade unions in Nicaragua. I do not say this because I am here in front of the delegates and the Committee, I say it because in Nicaragua at the present time there are no pending requests for legal registration of any trade union; all applications are processed within eight days. So we cannot come here and say that there is anti-union persecution.
Our Government works closely with the trade unions in order to establish agreements that improve conditions for men and women workers, agreements which contain clauses that create improvements for women workers in the different sectors of the economy, something which did not exist before 2007, and this means the eradication of poverty.
Eradicating poverty does not mean dealing with a strike and otherwise doing nothing. Creating wealth to eradicate poverty means dealing with a labour dispute at the same time as finding key solutions for both workers and employers. This is what we are doing in Nicaragua.
So we are astonished that we are being told here that we are violating the Convention and the right to organize.
We ask the honourable members of this Committee to work in accordance with these laws, the already established laws which govern activity in Nicaragua. These are already known by the workers, by the employers and by the people of Nicaragua because it is the people of Nicaragua which formulates and approves the legislation.
So let us respect this unique and absolute sovereignty of peoples. What we ask is that when reaching decisions on this aspect of the Convention we take account of all the progress that Nicaragua has made and that there is an ongoing commitment to the people of Nicaragua to continue working to ensure that every day the workers have better working conditions.
In Nicaragua there is no arbitrary action against a trade union leader. In Nicaragua a clearly defined labour administrative procedure has to be followed to secure the release of this trade union leader.
The Government of Nicaragua has laws which protect the workers because the development and future of Nicaraguan families depend on this. This is why we have to fight for this because some of us are in similar situations. We have to work to ensure that the families of these workers, this people and future generations have conditions of freedom and dignity and are committed to nurturing and defending peace and sovereignty.
We ask for this respect and change of view. We ask for an end to the politicization of these matters which lead somewhere else because Nicaragua is committed to negotiating with the workers on a daily basis.
This dialogue should be a healthy dialogue, a quality dialogue, which does not take us away from the context where we need to be. We will negotiate with those we need to negotiate with, with the men and women workers and the employers of this country who are playing an active part in the economy, to ensure the progress of Nicaragua. Surely this is our common goal?
We stress that we are willing to continue working together with the workers to progress in the elimination of poverty. But we will not let topics be imposed on us which do not come within the scope of the discussions of this Committee.
With all respect, as we have already said, we are concerned at the scenario in which the Employers’ representatives provide us with inaccurate information. First let us have the facts, then let us talk if we really have a basis for saying that freedom of association is being violated in Nicaragua. But if we do not have a basis, we cannot make such a claim and say that “things have to be done”. Nicaragua is free, sovereign and independent.
We thank all the countries which have supported us in these efforts aimed at the well-being of our nations, the well-being of Nicaragua.
Employer members – I will begin with some points of order. First, Mr Chair, I would like to ask that the inappropriate expressions used by the Worker representative of Nicaragua which are unconnected with this case be left out of the record. We consider that the comment regarding the IOE is inappropriate and we want this to be noted in the record.
We are listening with the utmost respect, and we think that the Office should note the invitation made by the Workers’ representative to know what is happening in situ. This is precisely what we have been saying, perhaps with some familiar expressions which we understand clearly, but in plain term, this is about technical assistance.
So there is an invitation by the Worker representative and I listened to everything he said with the greatest respect. But it does seem to me that there are some inappropriate expressions which should be left off the record, above all because they are outside the context of the case we are dealing with. I also ask that this invitation is noted, which appears to me to be in good faith, and that in good faith we will need to find a way to accept it.
On the other hand, and before making my prepared statement, I am going to refer to some questions that the Government representative mentioned, which I also listened to with absolute respect. It seems to me that ultimately there is a lack of proper understanding of the scope of the Convention since I celebrate the existence of these dialogues, these negotiations, these registrations of trade unions, etc., and what is real cause for celebration is the exercise of workers’ rights. But this exercise of rights is also for the employers, the scope of the Convention is for both and does not refer to the registration of trade unions but to the right enjoyed by employers and workers to establish organizations. The Convention provides that this shall be without prior authorization and also that these organizations shall not be subject to administrative dissolution. It is not about trade union registration, though I celebrate the fact that this is done with such efficacy and that all trade union registration is up to date. But the Convention has a greater scope. It is the capacity possessed by all workers and employers – many workers are employers, and many employers are workers – to establish their own organizations and to organize, to create these third entities through which common interests are shared and mutual rights and interests are defended.
So I think I should make this clarification because it seems that the technical assistance of the Office would be key in terms of understanding the scope of the Convention on the basis of the current reality.
Forgive me for repeating this: it seems that the Committee of Experts uses an expression which is very clear, that both the representatives of the Workers and those of the Government have celebrated the work of the Office and the work of the Office is enshrined in the work of the Committee of Experts. So everything that we have been saying in this meeting is based on what the Committee of Experts says, not on conjecture or on what we believe or wish to believe. These discussions are based on the report of the Committee of Experts, in which we all believe. And this report contains all the facts that we have all related this afternoon, though obviously with some exceptions, which I also respect.
The Committee of Experts says that the rights of employers’ and workers’ organizations protected by the Convention are utterly devoid of meaning when there is no respect for all fundamental freedoms. We are not referring to the registration of a union but to fundamental freedoms, including freedom of association, the right to protection against arbitrary detention and imprisonment, and the right to a fair trial by an independent and impartial tribunal. This is very important and is in line with the Committee of Experts’ report, not the speculations of an official. This is what we are discussing today.
It seems that what needs to be made clear, and what we have tried to get the Government to see, is that what has appeared these last two years to be a discussion between conflicting views has not been intended in that way. It seems to me that all of us sitting here share principles and values; that is why we are here, that is why we are subject to Conventions which we ratify voluntarily. These Conventions contain certain rights and establish certain limitations and obligations for governments.
So what I very much regret is that, despite this constructive invitation which we formulated in our first statement today, we find the same resistance to, and rejection of, any kind of solution to the issues raised by the Government. This is despite the fact that, regardless of what the Government thinks, a reading of the report of the Committee of Experts reveals a very serious situation and we have to attend to it.
Under these conditions, we would like the conclusions agreed upon in 2023 to be reiterated with much greater vigour. We wish to propose – and we ask the Workers to back the request or otherwise that we discuss it in the conclusions – that we need a high-level tripartite mission. This is the only way to tackle the problem, to see it as guidance, not as a penalty. It is a mechanism for understanding the issues where there is non-observance of Conventions and how to resolve them where necessary. If it is established on the ground that the issues do not exist, the high-level tripartite mission will certainly take account of that and report on it; otherwise it will come up with solutions to the issues through technical assistance.
On the other hand, in view of the seriousness of the case, we also ask for a special paragraph to be included. It is very important that we have these two elements in the conclusions. I have heard that the majority here in the room agree that a solution to this problem cannot be delayed any further. It seems essential that we act immediately and decisively. Otherwise we will run the risk that in 2025 we will find the same situation or one that is even worse.
I think it essential that we attend to this matter, not only urging and inviting the Government but also hoping that it will attend to all the aspects which were mentioned in the conclusions of 2023, and otherwise that we can actually set up this high-level tripartite mission and that we leave a special paragraph for anything. I hope that in 2025 we will only have good news and that the Government will be willing to cooperate so that we can understand and find a solution to the issue once and for all. As I previously mentioned, problems that are not recognized cannot be resolved.
This is the Employers’ position. We ask that due note is taken of our requests in the conclusions.
Worker members – We note the information and the replies given by the Government of Nicaragua. We also thank the speakers for all their valuable statements.
We would like to recall that the Convention covers both the employers and the workers and this principle must be respected.
Our group emphasizes once again the importance of continuing to promote tripartite social dialogue at national level and encourages the Government to take steps to facilitate social dialogue with ILO assistance.
We encourage the Government to continue to launch initiatives and activities to ensure the free exercise of the right to organize. In this regard, we also urge the Government to put an end to all acts of violence, threats, persecution, stigmatization and intimidation with regard to the exercise of the legitimate activities of the social partners.
We also urge the Government to amend sections 389 and 390 of the Labour Code so as to ensure that compulsory arbitration is only possible in cases where strike action can be restricted or even prohibited – that is to say, in cases of disputes within the public 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, and we invite the Government to avail itself of ILO technical assistance.
The Worker members encourage the Government of Nicaragua to take all necessary steps to ensure compliance with the Committee’s recommendations and invite the Government to avail itself of ILO technical assistance.

Conclusions of the Committee

The Committee took note of the written and oral information provided by the Government and the discussion that followed. 
The Committee deeply deplored the persistent climate of intimidation and harassment of independent workers’ and employers’ organizations.
The Committee noted with deep concern the allegations of the arrest and detention of employer leaders since last year and the further deterioration of the situation.
The Committee also noted with deep concern the absence of any progress and cooperation on the part of the Government since last year’s discussion.
Taking into account the discussion, the 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 both the exercise of legitimate activities of 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 the Nicaraguan nationality have it restored without delay;
  • take all measures 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; and
  • 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 Committee urged the Government to fully respect the conclusions of the Committee on this matter and to avail itself of the technical assistance of the ILO to ensure full compliance with them.
Government representative – The State of Nicaragua deeply regrets the content of the conclusions issued by the Committee because we consider them to be totally excessive and to constitute clear interference in the internal, sovereign decisions of our country.
In that regard, we therefore wish to say that from the point of view of the law and the commitment of our people, our country and our Government, these conclusions are totally divorced from the work of this esteemed Organization and Committee.
Taking into account the content and the spirit of the Convention, which is what we are dealing with in this case, Nicaragua has demonstrated compliance and has given evidence, documentation and information through its reports to the organization regarding the progress and actual work done with regard to ensuring freedom of association in Nicaragua.
We therefore say once again, with the greatest respect, that we, the workers and Government of Nicaragua, totally reject the content of these conclusions since we consider that they violate the peace, sovereignty and self-determination of our people.
We also wish to record the fact that our people, our Government and the workers and employers of Nicaragua are willing to continue ensuring an in-depth, quality dialogue strictly within the framework of the labour rights of the workers. So we say that the dialogue is ongoing provided that it is not distorted and separated from our intention, provided that it does not interfere in the internal affairs of Nicaragua, in the legal framework, in the application of our laws, and does not undermine the peace and sovereignty of our country.
This is what we are obliged to say today, to request the ILO, with all due respect, that we should work to ensure and value the results and progress that Nicaragua has made regarding the restitution of the right to freedom of association and the right to organize; and as we said earlier, to assess those results positively because we know that we have been working to ensure the labour stability of a working people, to ensure the confidence of the employers so that we can continue developing the country and creating jobs that bring development to Nicaraguan families; and that we should value the existing results and continue to pursue them, despite their having been obscured through political bias.
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