Informe provisional - Informe núm. 241, Noviembre 1985

440. The Committee examined Case No. 1129 on two occasions, at its November l982 and February l984 meetings, when it presented interim reports to the Governing Body. (See 2l8th Report, paras. 467-481, and 233rd Report, paras. 236-242 and 317, approved by the Governing Body at its 221st and 225th Sessions in November l982 and February-March l984 respectively.) The World Confederation of Labour sent additional information in support of its complaint on 13 April l984.

1. 440. The Committee examined Case No. 1129 on two occasions, at its November l982 and February l984 meetings, when it presented interim reports to the Governing Body. (See 2l8th Report, paras. 467-481, and 233rd Report, paras. 236-242 and 317, approved by the Governing Body at its 221st and 225th Sessions in November l982 and February-March l984 respectively.) The World Confederation of Labour sent additional information in support of its complaint on 13 April l984.
2. 441. Case No. 1169 has been examined by the Committee on four occasions: in March l983, March and June l984 and March l985. (See 222nd, 233rd, 234th and 238th Reports of the Committee, approved by the Governing Body.)
3. 442. Case No. 1185 was examined in the Committee's 233rd Report (see paras. 294-307 and 317) approved by the Governing Body at its February-March l984 session. The Committee also noted certain information communicated by the Government in January l985 (See 238th Report, para. 9, approved by the Governing Body in February-March l985).
4. 443. Case No. 1298 was examined in February-March l985 and was the subject of an interim report approved by the Governing Body. (238th Report, paras. 232-247.)
5. 444. The Government supplied certain information on these cases in communications of January, May and 29 October l985.
6. 445. Nicaragua has ratified the Freedom of Association and Protection of the Right to Organise Convention, l948 (No. 87), and the Right to Organise and Collective Bargaining Convention, l949 (No. 98).

A. A. The complainants' allegations

• Case No. 1129
  446. 446 In Case No. 1129, the complainants alleged that as part of a systematic campaign by the Government to destroy the Central of Nicaraguan Workers (CTN), the authorities had physically assaulted members of the CTN working on the state-controlled banana estates and sugar plantations. The official militia were said to have threatened the lives of CTN leaders. In this connection the complainants stated that Luis Mora, President of the Press Workers' Union, and Salvador Sánchez, had allegedly been threatened in this way when they were under detention and that the police had attempted to make Salvador Sánchez sign a statement against the CTN. Moreover, sugar workers belonging to the CTN had allegedly been prevented from entering their workplace and other members of this union had been allegedly arrested solely by reason of their membership and their involvement in union activities.
  447. 447 During a direct contacts mission by a representative of the Director-General in December l983, the leaders of the CTN had stated that the physical attacks by the authorities in state-controlled banana estates and sugar plantations were continuing. The Ministry of Labour considered that the complaints should be more specific, since they did not indicate who made the death threats, or the date, place and circumstances in which the events supposedly took place. According to the Government, the allegations of physical attacks and denial of entry to work centres were equally vague, as they gave no names, places or dates.
  448. 448 At its February-March l984 session, the Governing Body approved the following recommendations of the Committee:
       • (a) The Committee requests the Government to take up the suggestion of the Director-General's representative that the Ministry responsible for agrarian reform should obtain further information and be informed of the allegations that members of the CTN have been physically attacked by the authorities on state-controlled banana estates and sugar plantations, and that sugar workers affiliated to the CTN have been prevented from entering their work centres; the Committee also requests the complainant to transmit any further information it may have concerning this matter.
       • (b) The Committee requests the Government to call for an investigation of the alleged threats by official militias against the lives of trade union leaders (specifically, Luis Mora and Salvador Sánchez) and to keep it informed of its findings."
  449. 449 Subsequently, in its communication of 13 April l984, the WCL complained of the arrest of several members of the CTN, whom it mentioned by name, and whose names also appear in Cases Nos. 1169 and 1298 which will be examined in the present working paper, with the exception of Eduardo Alberto Gutiérrez, Eric González González and Miltón Silva Gaitán. Moreover, the WCL alleged that the Ministry of Labour refused to recognise the executive committees of a number of unions in the agricultural estates of Fátima and Las Mojarras at El Jicaral (department of León), of the La Concepción agricultural estate in Matagalpa, and of the Chinandega and Managua service stations, all members of CTN.
  450. 450 In its communication of January l985 the Government explained that prior to the Revolution, one banana workers' union had covered 16 banana plantations in the west of the country, and that following the change of régime this union had freely and voluntarily joined the Sandinista Central of Workers (CST). During 1982 the owner of these plantations had embarked on dealings with the CTN in order to set up a union parallel to the one already existing.
  451. 451 According to the Government, the CTN activist in this region was Pablo José Muñoz Bermúdez, one of the murderers of Dr. Pedro Joaquén Chamorro, director and owner of the newspaper La Prensa. This individual used the pseudonym Juan José Ramos López to disguise his true identity. With the support of the owner of the agricultural estates, this CTN activist had coerced workers into leaving the banana workers' union. Serious clashes had taken place between the two groups, and the behaviour of the owner moreover constituted a violation of the labour laws and the provisions of Convention No. 98. Once the true identity of the CTN leader was known, the workers reacted violently and the authorities had been obliged to intervene in order to avoid more serious consequences.
  452. 452 Regarding the obstacles encountered by the CTN leaders in the sugar industry, the Government states that this union carried on its activities solely in the Xavier Guerra refinery. In this factory acts of sabotage, such as throwing stones and metal rods into the machinery for the obvious purpose of damaging them, had taken place. Those responsible had been dismissed in accordance with the law. Some of them, moreover, had been subsequently reinstated in their employment.
  453. 453 As regards the threats against Mr. Salvador Sánchez, the Government explained that this individual had been working at the Aldo Chavarréa hospital, and that with the complicity of a physician in this establishment he had often obtained sick leave for the purpose of devoting all his time to political activities under the trade union cover of the CTN. Moreover, he had stolen medicaments worth several thousand córdobas from the hospital for lucrative purposes. When he had been discovered, he had taken refuge in the Venezuelan Embassy, alleging political persecution, whereas in reality he had been accused of an offence under the ordinary law. He later went to Costa Rica, where he joined a counter-revolutionary organisation in which he had been placed in charge of a military force with which he had tried to occupy the frontier post at El Espino in October l983. He had then been captured, judged in accordance with the law of the land, and was now serving his sentence.
  454. 454 As for Luis Mora, the Government stated that during his trial it had been proved that, during a trip to Costa Rica, he had been recruited by the ARDE organisation which had given him money and equipment for counter- revolutionary activities. Luis Mora had admitted his crimes during a national television broadcast and had implicated leaders of the CTN. The Government explained that, as this was his first offence, he had been pardoned in August l984.
  455. 455 Finally, the Government said that offences under ordinary law should not be used to damage the image of a government by taking advantage of the cover and the authority afforded by the ILO.
  456. 456 The Government repeats its earlier statement in its reply of 27 May l985, but does not reply to the allegation relating to the refusal of the authorities to register the executive committees of certain trade unions.
• Case No. 1169
  457. 457 The allegations still pending in Case no. 1169 referred to the arrest of six persons, whose names were listed in Annex I to the Committee's 238th Report, and of 18 other trade union leaders or members whose names figured in Annex II to the same Report. The complainants also alleged that members of the Trade Union of Dockers, Employees and Office Staff of Corinto Docks (SEEOMC), in particular Messrs. Danilo Contreras and René Argeñal, respectively President of the union and Treasurer of its Supervisory Board, had allegedly been obliged to leave the country because they had been harassed by the labour and military authorities.
  458. 458 Regarding the alleged arrests of the six persons mentioned in Annex I, the Government replied that these were not trade unionists, nor were they any longer in prison. It did not, however, indicate the concrete facts warranting these arrests.
  459. 459 In connection with the imprisonment of the 18 trade union leaders or members whose names were listed in Annex II, the Government stated that it needed additional information in order to be able to reply to these allegations (workplace and present whereabouts, office held and union to which they belonged, place and date of the arrest and the grounds for it).
  460. 460 The Committee accordingly requested the complainants to provide further details. It nevertheless pointed out to the Government that the complainants had already provided a number of elements of information regarding the arrests concerned, in particular their date and place, so that the Committee hoped that the Government would be in a position to reply to these allegations at an early date.
  461. 461 Regarding the harassment to which the members of the Trade Union of Dockers, Employees and Office Staff of Corinto Docks, in particular Messrs. Contreras and Argeñal, were said to have been subjected, the Government told the representative of the Director-General during the direct contacts mission of December l983 that Mr. Contreras had voluntarily left the country after having cashed a cheque on 21 February l983 for 12,740 córdobas, made out by an undertaking to the order of the SEEOMC. The cheque should have been deposited in the union's account as required by Nicaraguan law, but, with the connivance of a bank employee, Mr. Contreras was able to cash it. As to René Argeñal, he left the country after taking 3,000 córdobas from the SEEOMC's petty cash.
  462. 462 At its February 1984 session, the Committee noted this information but requested the Government to send the text of the final decision handed down in the matter of the alleged embezzlement of SEEOMC funds.
  463. 463 The Government later said that it would send a copy of the court decision as soon as it had been given.
  464. 464 At its February-March l985 session, the Governing Body adopted the following recommendations of the Committee:
• Bearing in mind that the Government has not indicated the precise facts warranting the arrest of six persons (mentioned in Annex I) whose subsequent release it confirms, the Committee wishes to draw the attention of the Government to the principle that measures designed to deprive trade union leaders and members of their freedom constitute a serious risk of interference in union activities and that, when such measures are taken on trade union grounds, they constitute an infringement of the principles of freedom of association. The Committee requests the Government to indicate the concrete acts which gave rise to the arrest of these six persons.
• Regarding the imprisonment of 18 trade union leaders and members (mentioned in Annex II), the Committee notes that the Government states that it needs additional information in order to be able to reply (workplace and present whereabouts, office held and union to which they belong, place and date of the arrest and grounds for it). The Committee requests the complainants to provide as many details about these persons as they can obtain in the sense indicated by the Government. The Committee nevertheless wishes to point out to the Government that the complainants have already provided a number of elements of information regarding the arrests concerned, in particular their date and place (see 233rd Report, paras. 255-256) for which reason the Committee considers that the Government should be in a position to reply to these allegations at an early date.
• The Committee notes that the Government will transmit the results of the embezzlement proceedings affecting the trade union organisation SEEOMC as soon as the judgement is handed down.
  465. 465 With its reply of 27 May l985 the Government sends the judicial decision in the embezzlement proceedings affecting the Trade Union of Dockers, Employees and Office Staff of Corinto Docks, handed down by the Court of Appeal of León (criminal division) on 31 January l984. This decision confirms the sentence of imprisonment by the judge of the court of first instance at Chinandega pronounced in their absence against Messrs. Argeñal and Contreras, former President and Treasurer of the union, for theft from the said union, more precisely for the unlawful appropriation of the sums of 3,000 and l2,740 córdobas respectively, and for having left the country.
  466. 466 In this communication the Government also indicates that it is endeavouring to collect information regarding the grounds for the arrest of the six persons mentioned in Annex I to the 238th Report, who have been released, and it repeats its willingness to explain the situation of the 18 other persons mentioned in Annex II to the 238th Report.
  467. 467 In a subsequent communication dated 29 October 1985, as regards the six persons mentioned in Annex I, the Government states that Monico Fuentes was detained from 16 October 1982 to 7 January 1983 for having distributed counter-revolutionary tracts supporting what the Government refers to as a mercenary group (FDN), that Nicólas Gonzáles and Santos Ponce were detained from August to December 1982 for having delivered mail for the counter-revolutionary Rafaela Herrera, that Victoriano Ramos Jiménez was detained from 16 October 1982 to December 1983 for having given logistic support to the mercenary group (FDN), that Santos Larios Cornejo and Saturnino López Centeno were detained from 17 October 1982 to December 1983 for having recruited persons for the mercenary group FDN.
  468. 468 As regards the 18 other detained trade unionists mentioned in Annex II, the Government states that: (a) Cresencio Carranza Jarquén and Guillermo Salmerón Jiménez were detained from April to December 1983 for having participated in a campaign against the Government; (b) José Angel Altamirano López was arrested in April 1983 for having directed a counter-revolutionary unit and for being found in illegal possession of weapons. He belonged to the mercenary group ARDE and was sentenced to 12 years' imprisonment by the courts; (c) Mercedes Hernández Déaz was arrested in April 1983 for having recruited persons for the mercenary group ARDE and for having provided financial aid for the purchase of arms. She was sentenced to 12 years' imprisonment; (d) Eleázar Marenco was arrested in April 1983 for having participated in several conspiratorial meetings and for having provided financial aid for the purchase of arms. He was sentenced to six years' imprisonment; (e) Reynaldo Blandón, former Somosa national guardsman, was detained from 27 March to 12 September 1980; (f) Erik Luna was detained from 11 to 17 May 1983 for having known of the activities of counter-revolutionary elements linked to the ARDE; (g) José Angel Peñalosa was also detained from 11 to 17 May 1983 for his logistic support of the mercenary group ARDE; and (h) Fidel López Marténez was detained from December 1982 to January 1983 for separatist propaganda activities. The Government states that it will soon send information on the remaining cases.
• Case No. 1185 469. The allegations pending in Case No. 1185 referred to the arrest of Abelino González Paés on 2 February l983 in El Pijao district, north of Matagalpa, simply for being a member of the Central of Nicaraguan Workers (CTN); he was allegedly being held without charge at the central command post of Matagalpa.
  470. 470 The complainants also alleged persecution, harassment, interrogation and threats by State Security agents against Hermógenes Aguirre Largaespada, an official of the Union of Employees and Manual Workers of Andes and Induquinisa (STAI) affiliated to the CTN, and Larry Lee Shoures, President of this union. The former had been interrogated about the activities of his union on ten occasions and had been pressed to become an informer for the State Security forces. Moreover, on 24 April l983, a member of the Sandinista People's Army was said to have fired four shots at his house and insulted him and his family. The following day, 20 people went to the homes of Messrs. Aguirre and Larry Lee Shoures, threatening to kill them and to set fire to their houses for being affiliated to the CTN and therefore counter-revolutionaries.
  471. 471 At its February l985 session, the Committee noted, in paragraph 9 of its 238th Report, the Government's statement in its communication of January l985 that these persons were not detained and its request for further information on them to facilitate inquiries. The Committee recalled that detailed allegations could be found in paragraph 295 of its 233rd Report and requested the Government to send a clear and precise reply on these allegations and on the situation of these trade unionists.
  472. 472 In its communication of 27 May l985, the Government stresses its intention to transmit to the Committee on Freedom of Association at a later date any information which it might obtain on the situation of Messrs. Hermógenes Aguirre Largaespada and Larry Lee Shoures, and on that of Mr. Abelino González Paés, and again confirms that the names of the persons concerned do not appear in the prison records.
• Case No. 1298
  473. 473 The allegations pending in the present case referred to the occupation of the headquarters of the Confederation of Trade Union Unity (CUS) on two occasions, once by a group of 20 persons on 18 August l984 and a second time after groups of persons had broken in on 25 August l984.
  474. 474 The Government considered that these incidents were the result of divided opinions within the CUS as to whether it should remain within or withdraw from an opposition political group.
  475. 475 In the complainants' view, on the other hand, the incidents were caused by the interference of public officials with a view to obtaining the CUS's withdrawal from this opposition movement.
  476. 476 The complainants also sent in support of their complaint a statement by a legal adviser to the CUS, sworn before a notary, in which he states that he was subjected to threats and pressure in order to induce him to commit acts that would be instrumental in doing away with the CUS. The person concerned stated that an official of the Ministry of the Interior had ordered him to seek out persons belonging to the CUS to support a group of persons not belonging to this organisation which had occupied its headquarters. He had been forced to go to the CUS on 25 August to support the occupants, and had there met members and non-members of the CUS. A general assembly had then been held at the CUS headquarters and, when the parties failed to reach an agreement, several persons had injured or harangued the true members of the CUS and partially destroyed its office.
  477. 477 The complainants also stated that the police had done nothing to stop the attack on the CUS headquarters by certain groups on 25 August.
  478. 478 At its February-March l985 session the Governing Body approved the following recommendations of the Committee:
       • (a) With respect to the occupation of the CUS headquarters on two occasions, and in order to be able to pronounce on this matter in full knowledge of the facts, the Committee requests the Government to send specific observations on the complainants' allegations that the occupation of the CUS premises on successive occasions resulted from interference by public officials (in particular, on the link between the State Security forces and the two persons who carried out the first occupation, and the notarised statements of the former legal adviser to the CUS concerning interference by the authorities in the two occupations of the CUS headquarters).
       • (b) The Committee requests the Government to reply to the allegation that the police, in spite of being in the vicinity of the CUS headquarters on 25 August l984 (the day on which the violent events mentioned in the complaint occurred) did nothing to avoid the attack by certain groups, intervening only when everything was over.
       • (c) The Committee would point out that the climate of violence which forms the background to some of the allegations can only impede the free exercise of trade union rights.
       • (d) The Committee requests the Government to reply to the allegation concerning the arrest of José Agustén Téllez, Secretary-General of the Federation of Peasant Workers in Carazo (FETRACAMCA)."
  479. 479 In its communication of 27 May l985, the Government gives information on the judicial dissolution of the Union of Workers in Agricultural Enterprises of Masaya by court decision of 13 June l984. It also indicates that two new unions have applied for registration with the directorate of trade union organisations and that the latter is examining the applications. It does not reply to the allegations pending in the present case regarding the occupation of the CUS headquarters and the arrest of the Secretary-General of the Federation of Peasant Workers in Carazo.

B. B. The Committee's conclusions

• The Committee's conclusions
  480. 480 In general, the Committee observes that the Government has supplied detailed replies on certain aspects of the present cases, but regrets that it has not replied to all the allegations.
  481. 481 Regarding Case No. 1129, the Committee notes the detailed replies furnished by the Government regarding both the difficulties encountered by the officials of unions affiliated to CTN in conducting their union activities in plantations and in the sugar industry, and on the situation of Messrs. Luis Mora and Salvador Sánchez.
  482. 482 In connection with the former point, the Committee notes that, according to the Government, the assaults on an official of the CTN were not attributable to the authorities and that the dismissals that had taken place in the only refinery in which the CTN was represented were due to acts of sabotage. The Committee also has to note that, despite the request for additional information on this aspect of the case addressed to them in February l984, the complainants have supplied no details in support of their allegations.
  483. 483 As regards Messrs. Luis Mora and Salvador Sánchez, it would appear from the Government's observations that the former has been pardoned and the latter sentenced for activities unconnected with freedom of association.
  484. 484 The Committee nevertheless notes with regret that the Government has still not replied to the most recent allegations of the WCL concerning the imprisonment of Eric González González, Miltón Silva Gaitán and Eduardo Alberto Gutiérrez, members of the CTN, and the refusal to register the executive committees of unions on the agricultural estates of Fátima and Las Mojarras in El Jicaral (department of León), the agricultural estate of La Concepción in Matagalpa and the Chinandega and Managua service stations, despite the fact that, according to the Government's reply on Case No. 1298, two new unions have been registered, of which it gives no further details. The Committee requests the Government to send replies on these various points.
  485. 485 With respect to Case No. 1169, the Committee notes the decision of the Court of Appeal of León (criminal division) of 31 January l984 confirming the sentences of imprisonment pronounced in their absence against Messrs. Contreras and Argeñal, former President and Treasurer of the Supervisory Board of the Trade Union of Dockers, Employees and Office Staff of Corinto Docks, respectively convicted of having unlawfully appropriated the sums of 12,740 and 3,000 córdobas belonging to the union and of having fled the country.
  486. 486 As regards the six persons mentioned in Annex I of the 238th Report, the Committee notes the information provided by the Government from which it appears that these persons were arrested in 1982 and released in 1983 for having distributed counter-revolutionary tracts or for having given logistic support to counter-revolutionary activities.
  487. 487 As regards the 18 trade unionists mentioned in Annex II of the 238th Report, the Committee notes that the Government supplies information on nine of them from which it appears that three were sentenced to imprisonment for having directed counter-revolutionary activities or for possession or purchase of arms. The six other persons on whom the Government supplies information were released after being detained for counter-revolutionary activities. The Committee requests the Government to supply copies of the judgements handed down against these three persons and to indicate whether the nine other trade unionists mentioned by the complainants, namely Rito Rivas Amador, Iván Blandón, Víctor Ríos, Napoleón Aragón, Juan Ramón Duarte and his brother, Maximino Flores Obando, Anastasio Jiménez Maldonado and Gabriel Jiménez Maldonado are still in prison and, if so, to supply details on the specific reasons for their continued detention.
  488. 488 With respect to Case No. 1185 the Committee notes the Government's assurances that the names of Abelino González País, Hermógenes Aguirre Largaespada and Larry Lee Shoures do not appear on the prison records.
  489. 489 Nevertheless, bearing in mind that the two last-mentioned persons are alleged to have been subjected to reprisals and violence for having belonged to a trade union affiliated to the CTN, the Committee must firmly recall the importance it attaches to the conduct of trade union activities in full freedom. It therefore urges the Government to make every effort to guarantee a climate favourable to the development of the various peaceful tendencies of the trade union movement in Nicaragua.
  490. 490 Regarding Case No. 1298 the Committee notes with regret that the Government has not replied to the allegations still pending.
  491. 491 It repeats its earlier request for an explanation of the occupation of the CUS headquarters on 18 August l984, led by two persons alleged to have links with the State Security forces, as evidenced by the notarised statement of the former legal adviser to the CUS.
  492. 492 It also again requests the Government to reply to the allegation that on the occasion of the second occupation of the CUS headquarters on 25 August l984, the police did nothing to stop the attack and intervened only when everything was over, although they were in the vicinity of the organisation's headquarters.
  493. 493 Finally, it again requests the Government to indicate whether José Agustín Tíllez, Secretary-General of the Federation of Peasant Workers in Carazo, is in prison and if so, to indicate the grounds for his detention.

Z. ANNEX

• List of trade union activists and officials alleged by the complainants to be still in prison
• Case No. 1129
• Eric González González
• Miltón Silva Gaitán
• Eduardo Alberto Gutiérrez: CTN official arrested and violently dragged from his home in November l983
• Case No. 1169
• Rito Rivas Amador: Arrested at Juigalpa (department of Chontales) in December l982
• Iván Blandón )
• Víctor Ríos )
• Napoleón Aragón )
• Juan Ramón Duarte and )
• his brother Arrested at Cascal-Nueva Quinca (department of Zelaya)in April 1983
• Maximino Flores Obando: Arrested in the department of León in December l982; sentenced to three years' imprisonment by the Sandinista People's Courts for organisation of the counter-revolution in the region
• Anastasio Jiménez Maldonado)
• Gabriel Jiménez Madonado )
• No specific indications given by the complainants