Rapport où le comité demande à être informé de l’évolution de la situation - Rapport No. 287, Juin 1993

1. 133. The Committee has examined this case on three occasions (see 281st, 284th and 286th Reports of the Committee, paras. 420 to 441, 921 to 942 and 400 to 411, respectively, approved by the Governing Body at its 252nd, 254th and 255th Sessions (March and November 1992, and March 1993)), when it submitted interim reports. The Government sent new observations in communications dated 9 and 13 March 1993.
2. 134. Nicaragua has ratified the Freedom of Association and Protection of the Right to Organize Convention, 1948 (No. 87), as well as the Right to Organize and Collective Bargaining Convention, 1949 (No. 98).

A. Previous examination of the case

1. 135. The allegations that remained pending at the Committee's meeting in February 1993 referred to various violent acts by the police against striking workers in the context of several strikes which took place in 1990 and 1991.
2. 136. Since the Government did not provide sufficiently detailed observations on the allegations, the Committee formulated the following recommendations in its previous examination of the case (see 284th Report, para. 942):
3. The Committee regrets that the Government did not provide information on the acts of police violence against the strikers, that had been alleged by the complainants (strikes of July 1990, national unrest: four deaths and 49 injured; 9 April 1991, Banco Immobiliario: seven injured; 11 April 1991, Banco Nacional de Desarollo: five injured; and 18 April 1991, Olof Palme Centre: 14 injured). It requests the Government once again to inform the Committee if it has initiated judicial investigations with a view to elucidating the murders of and injuries sustained by the workers taking part in the above-mentioned strikes.
4. The Committee requests the Government to have judicial investigations carried out into the alleged injuries that were sustained by workers on 27 March 1992 (according to the complainant, 20 persons were injured and, according to the Government two) during the collective dispute which occurred in the Empresa Nacional de Abastecimiento de Granos Básicos (ENABAS).
5. B. The Government's reply
6. 137. In its communications of 9 and 13 March 1993, the Government provides the following information concerning the allegations of acts of violence against striking workers within the context of several strikes:
7. - on 18 April 1991, 60 workers of the Olof Palme Conventions Centre who were striking had gathered in front of the building and set up tents; following an attempt by the police to convince them to vacate the premises, the striking workers attacked the police forces and several persons on both sides were injured. The Government reports that some of the workers involved were detained, but that in spite of the fact that they could have been charged with disrupting the peace, none of them was tried or brought before the competent judicial authorities. The Government explains that the police intervened with a view to guaranteeing the safety of the King and Queen of Spain who, during their visit in the city, were to pass by the site occupied by the striking workers;
8. - as regards the strike of July 1990, it turned into a riot, as defined by the criminal code, and was witnessed by the Commission of Inquiry which was unable to carry out its mission owing to the extent of the violence in which the striking workers engaged.
9. 138. The Government states that in all of these cases it refrained from opening judicial or administrative proceedings against those who had disturbed the peace or threatened the safety of persons, in accordance with its conciliation policy, and that members of the National Police who intervened in these events acted in accordance with their duty and with their constitutional mandate to guarantee the peace and the safety of all citizens. Nevertheless, the Government explains that a committee composed of members of the police was set up to analyse the events and to determine whether the police was responsible in any way for what had happened; however, in spite of this committee's investigations, it was not possible to determine any individual responsibility owing to the tumultuous nature of the events. Lastly, the Government reports that its concern for improving the means of action of security forces has led it to undertake collective evaluations after all police interventions with a view to identifying any excesses or errors; likewise, it has decided to hold informal talks and seminars on human rights, means of action and the use of force.
10. 139. The Government adds that there are two legislative texts which govern the actions of national security forces (the Act concerning military investigations and military criminal proceedings, and the Act concerning military crimes); both of these text regard the criminal code as supplementary, provided that its provisions do not conflict with those of the two legal texts. The Government explains that the police is governed by these special provisions and that members of the police force may consequently not be tried before ordinary courts of law.
11. 140. Lastly, the Government states that it has already provided information concerning the judicial proceedings related to the events at ENABAS.

C. The Committee's conclusions

1. 141. As regards the alleged acts of violence by the police against striking workers (the national demonstration of July 1990: four dead and 49 injured; the strike of workers of the Banco Immobiliario of 9 April 1991: seven injured; the strike of the workers of the Banco Nacional de Desarrollo of 11 April 1991: five injured; and the strike at the Olof Palme Convention Centre of 18 April 1991: 14 injured), the Committee notes that the Government replied only with respect to the acts of violence during the national unrest and to the strike at the Olof Palme Convention Centre. The Committee takes note of the Government's observations according to which the police intervened in all of these instances with a view to safeguarding the peace, that those detained were released within hours of their arrest, and that no criminal or administrative proceedings have been instituted against the striking workers. Likewise, the Committee notes that a police commission was set up with a view to investigating the facts, but that it was unable to determine individual responsibility owing to the commotion resulting from these events.
2. 142. Whilst recognizing the difficulty, noted by the Government, of identifying individual responsibility in the context of tumultuous events, the Committee regrets to note that the investigations entrusted to the police have shed no light on the acts of violence which led to several injuries. The Committee takes note of the fact that the police forces are governed by special legislation and that their members are not judged by the ordinary courts of law; it reminds the Government that on numerous occasions it has pointed out that when the police intervene to break up public meetings or demonstrations, leading to the loss of life or serious injury, the Committee has attached special importance to the circumstances being fully investigated immediately through an independent inquiry and to a regular legal procedure being followed to determine the justification for the action taken by the police and to determine responsibilities (see Digest of decisions and principles of the Freedom of Association Committee, 3rd edition, 1985, para. 79), and to punish the guilty. In these conditions, the Committee insists on the need for judicial investigations and requests that it be kept informed of the outcome of the same.
3. 143. As regards the alleged acts of violence during the collective dispute at the Empresa Nacional de Abastecimiento de Granos Básicos (ENABAS), which resulted in several injuries, the Committee notes that the Government states that it has already provided information concerning the opening of judicial proceedings. The Committee reminds the Government that its observations referred to the opening of labour proceedings, but that given the nature of the events (20 persons injured according to the complainant, and two according to the Government), the Committee requested that the corresponding judicial investigations be instituted in criminal court. In these conditions, while noting that labour proceedings are under way, the Committee once again requests the Government to institute criminal judicial investigations with a view to shedding light on the acts of violence which took place during the collective dispute at ENABAS, which led to the injury of several persons, and to punishing those responsible. The Committee requests the Government to keep it informed on the outcome of these criminal investigations, as of the proceedings in the labour court.
4. 144. Lastly, the Committee reminds the Government that "a genuinely free and independent trade union movement cannot develop in the climate of violence and uncertainty" (see Digest, op. cit., para. 75).